I- -1942 

23LLINOIS  PAROLE  LAW 


Accomplishments,  Statistical  Data,  Papers 

and  Addresses  on  Its  Provisions 

and  Its  Administration 


After  Care  of  Prisoners  Released 
on  Parole 

CRIME  SURVEY 


PUBLISHED  BY  AUTHORITY  OF 

THE  DEPARTMENT  OF  PUBLIC  WELFARE 

STATE  OF  ILLINOIS 


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M32 


ILLINOIS  PAROLE   LAW 


Accomplishments,  Statistical  Data,  Papers 

and  Addresses  on  Its  Provisions 

and  Its  Administration 


After  Care  of  Prisoners  Released 
on  Parole 

CRIME  SURVEY 


PUBLISHED  BY  AUTHORITY  OF 

THE  DEPARTMENT  OF  PUBLIC  WELFARE 

STATE  OF  ILLINOIS 


CONTENTS 

PAROLE  LAW— ITS   ACCOMPLISHMENTS,   by   Will   Colvin,  Pages 

Superintendent  of  the  Division  of  Pardons  and  Paroles —       S-16 

THE  ILLINOIS  PAROLE  LAW,  by  Senator  James  J.  Barbour 17-25 

THE  ILLINOIS  IDEA,  by  John  L.  Whitman,  Superintendent  of 

Prisons     26-30 

AFTER  CARE,  by  Will  Colvin,  Superintendent  of  the  Division  of 

Pardons   and    Paroles   31-39 

JUVENILE  AND  ADULT  OFFENDERS,  by  Honorable  Hugh  Pam, 

Judge  of  the  Superior  Court  of  Cook  County 40-48 

METHODS  AND  RESULTS  OF  ADMINISTRATION,  by  John  L. 

Whitman,  Superintendent  of   Prisons  49-56 

HAMILTON  CLUB  ADDRESSES : 

PRISON  MANAGEMENT  AND   PAROLE,  by  John   L. 

Whitman,   Superintendent    of    Prisons 57-63 

THE  PAROLE  LAW  AND  ITS  ADMINISTRATION,  by 
J.  E.  McClure,  Assistant  Director  of  the  Department  of 
Public   Welfare 63-71 

NEWSPAPER  ARTICLES  CONTRIBUTED  BY  MR.  WHITMAN—    72-81 

ENDORSEMENTS  OF  THE  PAROLE  LAW  AND  ITS  ADMINIS- 
TRATION : 

Bj'    Illinois    State's    Attorneys'    Association 82 

By  the   Chicago   Crime   Commission   83 

OPEN  LETTER  TO  ILLINOIS  STATE'S  ATTORNEYS 85-86 

FIRST  YEAR  OF   CO-OPERATION— Between    Parole   Authorities 

and  Chicago  Police 87-88 

THE  CRIME  WAVE — Survey  of  down-state  conditions  in  1920  com- 
pared with  former  years  90-98 


INTRODUCTORY 

History  reveials  that  vast  crime  waves  have  followed  great 
wars.  After  the  Grecian  wars  large  bands  of  bandits  preyed  upon 
the  people.  Suppression  of  crime  then  became  an  important  prob- 
lem. Similar  conditions  followed  the  Napoleanic  wars  and  sup- 
pression of  crime  again  occupied  the  attention  of  the  people  of 
that  period.  The  depredations  and  crimes  of  the  James  and 
Younger  brothers,  and  other  like  organizations  of  thieves  of  lesser 
notoriety,  following  the  civil  war,  are  yet  fresh  in  the  memory  of 
many  people. 

Crime  conditions  in  America  and  in  other  countries,  following 
the  world  war,  are  no  different  than  they  were  after  other  great 
wars  in  which  people  were  taught  to  fight  and  kill. 

Parole  laws  in  the  various  states  are  not  responsible  for  crimes 
which  follow  wars  although  they  furnish  a  ready  vehicle  for  at- 
tack by  unthinking  people.  America's  present  day  crime  problems 
eventually  must  be  met  in  a  more  intelligent  way. 

In  the  states  of  Illinois,  Michigan  and  Wisconsin,  six  thousand 
dementia  praecox  cases  already  have  been  discovered  among  re- 
turned soldiers.  Of  this  number  not  ten  per  cent  are  reclaimable. 
While  the  dementia  praecox  may  not  develop  criminal  tendencies 
his  mental  condition  surely  makes  him  irresponsible  for  the  unex- 
plainable  offenses  committed  and  for  the  things  he  may  do. 

Under  ordinary  conditions  of  life  most  of  these  six  thousand 
young  men,  going  the  even  tenor  of  their  ways,  Avould  not  have 
become  dementia  praecox  cases.  The  mental  strain  of  the  war 
brought  them  to  the  breaking  point. 

In  addition  to  the  six  thousand  dementia  praecox  cases  already 
discovered  by  the  American  Legion,  there  must  be,  also,  thousands 
of  border  line  cases  in  the  three  states  mentioned  and  yet  prac- 
tically nothing  is  being  done  along  an  intelligent  line  for  their 
welfare  and  that  of  the  public.  These  young  men  and  boys  are 
not  responsible  for  the  things  that  produced  their  mental  condi- 
tions.    Parole  laws  are  not  responsible  for  the  things  they  do. 

Present  day  crime  is  not  a  parole  problem.  Consequently  at- 
tacks upon  parole  laws  will  not  better  conditions.  The  problem 
must  be  met  and  solved  in  some  other  way. 

In  order  that  the  public  may  know  in  a  general  way  of  the 
operation  of  the  Illinois  parole  law  and  its  accomplishments,  it 
has  been  deemed  advisable  by  the  members  of  the  Division  of 
Pardons  and  Paroles  to  print  this  pamphlet. 

WILL  COLVIN,  Superintendent. 


f,\\l 


THE   PAROLE   LAW— ITS   ACCOMPLISHMENTS 

[By  Will  Colvin,  Superintendent  of  the   Division  of   Pardons   and   Paroles] 
Note:     The  following   is  the   biennial   report  of  the  Superintendent   of  the   Division   of   Par- 
dons and  Paroles  of  the  Department  of  Public  Welfare  of  the  State  of  Illinois,  from  September  30, 
1918,  to  September  30,   1920. 


War  and  the  reconstruction  period  produced  crime  waves  throughout 
the  countrj^  without  parallel.  All  large  cities,  from  the  Atlantic  to  the 
Pacific  and  from  the  north  to  the  south,  have  suffered  during  the  past  two 
years  as  never  before  from  the  commission  of  major  crimes.  With  crime 
waves  everywhere  it  docs  not  seem  possible  that  the  administration  of  the 
parole  law  in  Illinois  could  go  forward — -winning  commendation  from  crime 
commissions,  judges,  prosecuting  attorneys  and  police  departments — and 
yet  that  is  the  record  of  accomplishment  by  the  present  Division  of  Pardons 
and  Paroles  during  the  two  vear  biennium  from  September  30,  1918,  to 
September  30,  1920. 

In  brief  the  Division  of  Pardons  and  Paroles  calls  attention  to  some  of 
the  more  important  accomplishments  during  the  two  3fears,  as  follows  : 

In  after  care  and  supervision  of  its  prisoners  upon  parole  Illinois  has 
taken  front  rank,  during  the  past  two  j'ears,  among  the  various  states  hav- 
ing parole  laws. 

Every  person  sent  to  a  penal  institution,  except  the  life  termicr — and 
he  is  a  small  per  cent  of  the  total — must  come  out  some  day,  either  upon 
parole  after  serving  a  portion  of  his  sentence  or  bj^  discharge  after  the 
sentence  is  served  in  full.  That  being  so  the  present  Division  of  Pardons 
and  Paroles  has  made  a  drive  to  release  prisoners  under  the  best  possible 
conditions,  securing  the  best  job  obtainable  at  the  best  possible  wage,  and 
keeping  in  daily  touch  with  the  prisoner  through  a  thoroughly  trained, 
organized  and  systematized  parole  department. 

Result — Seven  per  cent  of  the  total  number  paroled  out  of  tlie  Joliet 
penitentiary  were  returned  during  the  two  year  biennium,  September  30, 
1918,  to  September  30,  1920,  for  parole  violations,  as  against  fifteen  per  cent 
returned  to  the  same  institution  during  the  twenty-three  years  preceding 
this  biennium. 

In  its  drive  for  after  care  and  close  supervision  of  prisoners  Illinois  has 
attracted  the  attention  of  ofiicials  in  other  states  doing  similar  work  and  at 
the  Congress  of  the  American  Prison  Association  ha.s  received  the  com- 
mendation of  other  states,  several  of  which  have  investigated  the  Illinois 
plan  and  are  now  putting  similar  plans  into  operation. 

CO-OPERATION    WITH    COMMITTING    AUTHORITIES 

Accomplishments  that  are  proving  most  satisfactory  have  followed  the 
•drive  for  co-operation  between  the  committing  authorities  in  the  various 
rounties  and  the  state  paroling  authorities.  Prior  to  the  year  1918  the 
Illinois  State's  Attorneys'  Association,  in  annual  session,  regular!}-  con- 
demned the  parole  law  and  its  administration.  In  its  1919  session  the  State's 
Attorneys'  Association  not  only  commended  the  parole  law  but  also  paid 
high  compliment  to  its  administration.  They  again  endorsed  the  law  and 
its  administration  at  its  meeting  held  in  Chicago  in  December,  1920. 

Co-operation  between  the  committing  authorities,  including  the  state's 
attorneys  and  trial  judges,  with  the  state  paroling  authorities  has  worked 
to  the  great  good  of  the  public  welfare,  even  though  little  publicity  has  been 
given  to  the  manner  in  which  these  public  officials  are  meeting  upon  a 
common  ground  for  the  first  time  in  many  years  ;  or  in  fact  for  the  first 
time  since  the  parole  law  went  into  effect  in  1895.  The  Civil  Administrative 
Code  rearranged  the  administration  of  the  parole  law  so  as  to  make  possi- 
ble these  improvements  and  betterments. 

CO-OPERATION   WITH    POLICE   DEPARTMENTS 
Great  good  to  the  public  welfare  also  has  resulted  from  the  co-opera- 
tion established  by  the  Division  of  Pardons  and  Paroles  with  police  depart- 
ments  in  the  larger  cities,  including  Chicago,  Springfield,  Peoria,   East   St. 


Louis  and  Rock  Island.  Although  their  problems  were  the  same  the  police 
department  of  the  great  citj'  of  Chicago  and  the  state  paroling  authorities 
never  met  upon  a  common  ground  until  two  years  ago.  For  more  than 
twenty  j^ears  the  police  system  of  handling  human  derelicts  could  only  be 
expected  to  produce  scores  of  professional  criminals  each  year.  Men  going 
out  of  prison,  as  every  prisoner  must  some  day  if  he  lives,  either  upon 
parole  or  with  a  sentence  served  in  full,  can  now  receive  the  friendly  help 
and  advice  of  the  large  police  departments  of  Illinois  cities.  Men  upon 
parole  are  no  longer  viciously  arrested  without  cause  and  thrown  into 
police  stations.  The  drag  net  has  been  eliminated.  Men  upon  parole  who 
want  to  return  to  right  living  can  succeed  in  Illinois  with  the  help  and 
assistance  of  the  police,  who,  under  co-operation  with  the  Division  of  Par- 
dons and  Paroles  know  where  paroled  men  work  in  the  day  time  and  Avhere 
they  sleep- at  night. 

Some  idea  of  the  far  reaching  effect  of  accomplishments  possible  under 
co-operation  with  the  police  may  be  realized  when  attention  is  called  to  the 
fact  that  from  eighty-eight  to  ninety  per  cent  of  the  incoming  population 
each  year  at  the  Joliet  prison  are  first  termers.  They  furnish  the  timber 
which  can  be  reclaimed  to  society. 

COMMENDATION    BY    CHICAGO    CRIME    COMMISSION 

Accomplishments  by  the  Division  of  Pardons  and  Paroles  are  best  told, 
briefly,  in  the  commendation  bj^  the  Crime  Commission  of  the  Chicago  Cham- 
ber of  Commerce,  published  in  the  Journal  of  Criminal  Law  and  Criminology, 
under  date  of  November  1920,  as  follows  : 

"If  all  of  our  public   servants   functioned   as    conscientiously    as 
the  present  Division  of  Pardons  and  Paroles  there  would  be  no  neod 
for  the  continued  existence  of  the  Chicago  Crime  Commission." 
The  Chicago  Crime  Commission  has  been  doing  effective  work  for  two 
yeats.     It  is  one  body  in  Chicago  which  has  no  ulterior  purpose  to  serve. 
Its  sole  object  is  to  relieve  crime  conditions  in  that  great  city.     The  crime 
commission  has  carefully  investigated  the  work  of  the  Division  of  Pardons 
and  Paroles   and  is   fully  familiar  with   its   efforts   to  best   serve   the   public 
good. 

COMMENDATION  BY  ILLINOIS  STATE'S  ATTORNEYS' 
ASSOCIATION 

For  many  years,  prior  to  1918,  the  Illinois  State's  Attorneys'  Association 
regularly  condemned  the  parole  law.  The  Illinois  State's  Attorneys'  Asso- 
ciation, in  annual  session  at  Decatur  in  December  1919,  commended  the  parole 
law  and  its  administration  in  the  following  language  : 

The  State's  Attorneys'  Association  of  Illinois,  in  annual  convention 
assembled,  having  had  under  consideration  the  parole  act  of  Illinois,  declare, 

First — That  the  records  of  the  three  penal  institutions,  Joliet,  Chester, 
Pontiac,  together  with  the  records  of  the  Division  of  Pardons  and  Paroles, 
disclose,  under  the  operation  of  said  act,  a  remarkably  small  percentage  of 
paroled  persons,  who  have,  while  on  parole,  been  charged  with  the  commis- 
sion of  new  and  other  offenses,  and  sentenced  thereunder  to  return. 

Second — That  the  purpose  and  spirit  of  said  act  is  wholesome  and  good, 
and  its  administration,  as  now  conducted,  has  been,  and  is  producing  excel- 
lent results. 

Be  it,  therefore,  resolved,  by  the  association  that  said  parole  act,  be  and 
the  same  is  hereby  endorsed  and  approved,  and, 

Be  it  further  resolved,  that  the  administration  of  said  act  under  the 
direction  and  supervision  of  Will  Colvin,  Superintendent  of  Pardons  and 
Paroles,  and  his  associates,  John  L.  Whitman,  Superintendent  of  Prisons, 
and  James  E.  McClure,  Assistant  Director,  be  and  the  same  is,  most  heartily 
approved,  and. 

Be  it  further  resolved,  that  this  association  will  co-operate,  in  the  fullest 
measure  possible,  with  said  administrative  officials,  in  carrying  on  this  im- 
portant work. 


OUT    OF    STATE    PAROLE 

In  accordance  with  recommendations  made  1)y  members  of  the  Division 
of  Pardons  and  Paroles  the  last  general  assembly  enacted  legislation  under 
which  it  became  possible,  for  the  first  time,  to  release  persons  back  to  their 
home  states  to  do  their  paroles.  Many  persons  from  other  states  get  into  our 
penal  institutions  while  temporarily  in  Illinois.  For  more  than  twenty  years 
these  persons  were  compelled  to  remain  in  Illinois  when  coming  out  of  the 
penal  institutions  upon  parole.  The  system  was  bad,  worked  many  hardships 
and  incidently  was  responsible  for  many  failures  while  upon  parole  and  the 
consequent  result  in  later  years  of  returning  persons  to  prison  for  technical 
violations  of  parole  by  reason  of  leaving  the  state. 

Under  the  new  legislative  enactment  it  has  been  possible,  since  July  1, 
1919,  to  send  95  persons  back  to  their  home  states  to  do  their  paroles.  Of 
this  number  29  were  out  of  Joliet,  44  out  of  Chester  and  22  out  of  the  Pontiac 
reformatory.  A  rule  of  the  division  requires  that  the  sponsor,  upon  an  out 
of  state  parole,  must  be  some  public  official.  Without  personal  investigation 
of  such  sponsor  the  division  assumes  that  any  public  official  in  another  state, 
such  as  sheriff,  state's  attorney,  judge,  mayor  or  town  marshal,  is  a  fit  and 
proper  person  to  act  as  sponsor  for  the  parolee.  Great  good  to  the  public 
welfare  has  been  possible  of  accomplishment  through  the  out  of  state  parole. 

DEFINITE   SENTENCE   PAROLE 

Operation  of  the  Definite  Sentence  Parole  Act  of  1915  also  reveals  a 
remarkable  record  of  accomplishment.  From  the  time  the  definite  sentence 
act  went  into  effect  until  September  30,  last,  covering  a  period  of  five  years, 
a  total  of  137  Joliet  prisoners  were  beneficiaries  under  its  provisions.  Prior 
to  its  adoption  definite  sentences  for  murder,  rape  and  kidnapping  were  not 
parolable.  Of  the  137  definite  sentence  cases  paroled  in  the  past  five  years 
from  Joliet,  eighty  have  received  final  discharges,  fifty  remain  upon  parole 
and  are  reporting,  two  have  died,  and  five  have  failed.  Of  the  five  who  have 
failed  two  are  serving  sentences  in  other  institutions  and  three  are  at 
large.  The  five  year  definite  sentence  record  is  that  95.62  per  cent  of  the 
total  number  paroled  have  made  good. 

Until  the  enactment  of  the  definite  sentence  parole  act  prisoners  serving 
definite  sentences  served  their  time  in  full,  received  a  ten  dollar  bill  at  the 
door  and  were  tossed  back  into  society  without  a  job  and  with  little  oppor- 
tunity of  securing  employment  without  recommendations.  Definite  sentence 
parolees  now  receive  the  close  after  care  and  supervision  given  to  persons 
serving  indeterminate  sentences  when  they  are  released  upon  parole. 

Under  the  present  after  care  given  in  Illinois  no  person  goes  upon  parole 
until  a  suitable  job  has  been  obtained.  Every  sponsor  is  carefully  investi- 
gated by  the  parole  department  to  ascertain  if  he  is  a  fit  and  proper  person 
to  act  as  sponsor  for  a  parolee. 

LIBERTY    DEPENDS    UPON    UNDERSTANDING    PAROLE 
CONDITIONS 

Since  July  1,  1919,  a  parole  supervisor  at  Joliet,  Chester  and  Pontiac 
gives  careful  instructions  to  the  paroled  prisoner  relative  to  what  his  conduct 
must  be  and  what  is  expected  of  him  while  upon  parole.  For  many  years 
prior  thereto  persons  left  the  penal  institutions  of  Illinois,  their  future 
liberty  depending  upon  their  observance  of  the  parole  conditions,  without 
knowing  or  understanding  those  conditions.  It  is  little  wonder,  in  their 
ignorance  and  in  the  absence  of  instruction,  that  many  failed,  became  viola- 
tors and  were  returned.  It  costs  the  state  appro.ximately  $250  a  year  to  keep 
a  prisoner.  Violators  serve  from  three  to  five  years  upon  an  average.  It  is 
far  cheaper  and  the  public  welfare  is  far  better  served  by  the  emploi^ment 
of  officers,  trained  and  equipped  to  aid  prisoners  in  returning  to  civil  life. 
Other  states  are  yet  suffering  the  laxity  that  prevailed  in  Illinois  for  more 
than  twenty  years.  Likewise  the  federal  parole,  at  this  time,  furnishes  no 
instruction  to  the  paroled  prisoner  as  to  what  his  or  her  conduct  must  be 
while  upon  parole. 


INDETERMINATE    AND    DEFINITE    SENTENCE 

Human  ingenuity  has  presented  in  later  years  but  two  forms  of  com- 
mitment of  prisoners — the  indeterminate  and  the  definite  sentence.  The 
indeterminate  sentence  succeeded  the  definite  sentence  in  Illinois  July  1, 
1895.  Since  that  time  practically  all  the  states  have  adopted  the  indeter- 
minate sentence.  At  the  last  two  sessions  of  the  American  Prison  Associa- 
tion, the  Illinois  praole  law,  as  revised  in  1919,  has  been  characterized  as  the 
best  parole  law  in  operation  in  any  of  the  states. 

Under  the  definite  sentence,  when  juries  fixed  the  punishment,  the 
average  time  served  for  all  crimes,  except  murder,  ran  from  one  to  two 
years.  Prosecuting  attorneys  in  the  various  counties  did  not  have  the 
facilities  to  ascertain  whether  the  accused  had  served  prior  terms.  In 
addition  a  prisoner's  record  could  not  be  given  to  the  jury  unless  the 
accused  went  upon  the  witness  stand  in  his  own  defense.  Consequently 
the  second  and  third  termer  fared  the  same,  at  the  hands  of  the  jury,  as  the 
first  offender. 

Under  the  indeterminate  sentence  the  state  paroling  authorities,  while 
the  prisoner  is  serving  the  minimum  of  his  sentence — and  no  minimum  is 
less  than  a  year — have  the  opportunity  of  ascertaining  the  former  record 
of  convictions,  not  only  in  Illinois  but  in  other  states  as  well.  As  a  result 
the  repeated  offenders,  with  prior  records  of  one  or  two  or  more  terms  in 
Illinois  or  other  states,  are  serving  the  long  sentences,  as  the  work  is  done 
by  the  present  Division  of  Pardons  and  Paroles.  During  the  last  five  years 
of  the  definite  sentence — 1890  to  1894  inclusive — juries  gave  the  maximum 
in  17  commitments  to  the  Joliet  prison  for  the  crimes  of  burglary,  larceny 
and  robbery.  For  the  same  crimes  at  Joliet  the  paroling  authorities  have 
passed  490  cases  to  the  maximum  since  1895,  an  average  of  98  cases  for 
each  five  years  as  against  17  bj^  the  juries.  During  the  past  five  years  162 
cases  have  been  passed  to  the  maximum,  the  average  time  being  8  j^ears, 
2  month  and  6  days. 

The  following  table  compares  the  average  time  served  by  prisoners  at 
Joliet  during  the  last  five  years  of  definite  sentences — 1890  to  1894,  inclusive 
— with  the  past  five  years  under  indeterminate  sentences — 1916  to  1920, 
inclusive: 


Average  for  5  years 

definite  sentence — 

1890  10  1894 

Average  for  5  years 

indeterminate  sentence — 

1916  to  1920 

Number 
Discharged 

Years 

Months 

Days 

Number 
Discharged 

Years 

M  onths 

Days 

Burglary  __ 

1483 
776 
286 

I 
I 
I 

7 
4 
9 

21 

14 

6 

479 
260 

2 
2 

2 

7 
0 

ID 

8 

Larceny 

18 

Robbery 

I 

Average  for  above 
cases 

2545 

I 

6 

28 

1 102 

2 

6 

4 

Second  term  in- 
mates   

Third  or  more 
terms 

131 

2 

2 

6 

27 
20 

172 

53 

3 

4 

10 
II 

21 

7 

Note:  For  the  five  years  1890  to  1894,  inclusive,  under  the  definite  sentence  law,  only  17 
inmates  were  received  with  the  majcimum  sentence  for  such  crimes  as  burglary,  larceny,  robbery, 
etc.,  and  the  average  time  they  ser\ed  was  6  years,   7  months  and   18  days. 

For  the  five  years,  1916  to  1920,  inclusive,  under  the  indeterminate  sentence  law,  162  inmates 
were  passed  to  the  maximum  by  the  Division  of  Pardons  and  Paroles  for  such  crimes  as  burglaxy, 
larceny,  robbery,  etc.,  and  the'  average  time  being  8  years,  2  months  and  6  days.  In  addition 
four  cases  of  one  year  to  life  were  passed  to  the  maximum. 


UNIFORMITY    OF    STATISTICAL    RECORDS    PRODUCES 
PAROLE    DATA 

Prior  to  July  1,  1917,  practically  no  effort  was  made  to  keep  uniform 
records  in  the  penal  institutions  from  which  statistical  data  could  be  ob- 
tained covering  more  than  individual  institutions.  The  Civil  Administrative 
Code,  placing  the  penal  institutions  in  the  Department  of  Public  Welfare, 
made  it  possible  for  the  first  time  to  establish  at  Joliet,  Chester  and  Pontiac 
a  uniform  system  of  books  and  records. 

The  following  table,  covering  the  biennium,  showing  the  number  pa- 
roled from  the  two  penal  institutions  and  the  reformatory,  the  number  dis- 
charged, the  number  remaining  upon  parole,  the  number  returned  for  viola- 
tion, the  number  sent  to  prisons  in  other  states,  returned  under  new 
sentence,  died  while  upon  parole,  defaulters  at  large  subject  to  return,  re- 
turned to  foreign  countries,  and  those  who  returned  voluntarily,  furnishes 
an   interesting  study   in  parole  statistics: 


Served  parole  and  given  final 
discharge 

Reporting  on  September  30, 

1920 

Returned  for  violation  of  parole 

agreement 

Defaulters  at  large  subject  to 

return 

Returned  under  new  sentences- 
Sent  to  prisons  in  other  states. 

Died  while  on  parole 

Returned  to  foreign'countries 

Returned  voluntarily 

Total  paroled  during  two 
years  ending  September  30, 
1920 


No. 


JOLIET 
Tct. 


243 
46 


6 

7 

6 

16 


618 


35-92 
39-32 

7-45 

11.65 
•97 

I-13 
•97 

2.59 


CHESTER 


No. 


171 

22,?, 

14 

51 
I 

2 

4 
2 


478 


Pet. 


35-77 

48-75 

2.92 

10.67 
.21 

.42 
.84 
-42 


PONTIAC 


No. 


290 

275 

S6 

47 

8 

32 


723 


Pet. 


40.12 

38.04 

7-72 

6.50 
I. II 
4.42 
I. II 

-97 


Out  of  1819  prisoners  paroled  from  the  two  penitentiaries  and  the  re- 
formatory, a  total  of  116  or  6.36  per  cent  have  been  returned,  during  the  two 
year  biennium,  for  violation  of  parole. 

Out  of  a  total  of  1819  prisoners  paroled  from  the  two  penitentiaries  and 
the  reformatory,  a  total  of  172  have  defaulted  and  are  at  large,  subject  to 
return.  This  is  9.45  per  cent  of  the  total  number  paroled  who  have  tech- 
nically failed  during  the  two  3'ear  biennium.  These  have  not  committed 
crimes,  either  in  Illinois  or  elsewhere,  or  the  Bertillon  and  finger  print  sys- 
tems would  have  revealed  their  whereabouts  to  the  institution  from  which 
they  are  wanted  as  parole  violators. 

Of  the  total  number  paroled  from  the  two  penitentiaries  and  the  re- 
formatory, during  the  biennium,  18  or  .98  of  one  per  cent  died. 

Out  of  the  total  number  paroled  during  the  biennium,  from  the  three 
institutions,  a  total  of  15  or  .82  of  one  per  cent  were  returned  under  new 
sentences  for  crimes  committed  while  upon  parole. 

The  record  of  paroles,  prior  to  September  30,  1918,  shows  the  following: 

Joliet — -Total  number  paroled  8933,  of  which  15.69  per  cent  were  re- 
turned for  violation  of  the  parole  agreement  and  14.86  per  cent  are  default- 
ers at  large. 

Chester — Total  number  paroled  7042,  of  which  9.06  per  cent  were  re- 
turned for  violation  of  the  parole  agreement  and  14.24  per  cent  are  default- 
ers at  large. 

Pontiac — Total  number  paroled  9521,  of  which  12.85  per  cent  were  re- 
turned for  violation  of  the  parole  agreement  and  10.87  per  cent  are  default- 
ers at  large. 


10 


STATISTICAL    COMPARISONS 

The  following  statistical  tables  give  a  comparison  of  the  23  year  record, 
1895  to  1918,  with  the  biennium  from  September,  1916,  to  September,  1918» 
and  the  biennium  from  September,  1918,  to  September,  1920. 

TWENTY-THREE  YEAR  RECORD— 1895  TO  SEPTEMBER  30,  1918 


Paroled                     \'iolated 

Defaulters 
at  large 

Returned 
new  sentence 

Joliet 

Chester 

Pontiac 

8933 
7042 
9521 

15.69% 
9.06% 

12.85% 

14.86% 
14.24% 
10.87% 

2.67% 
1.56% 
1.77% 

Total 

25496 

TWO  YEAR  RECORDS— SEPTEMBER  30,  1916,  TO  SEPTEMBER  30,  1918 


Paroled 


^"iolated 


Defaulters 

at  large 


Joliet 

Chester — 
Pontiac--- 

Total. 


1166 
1069 
1230 


7.29% 
3-93% 
7.07% 


10.04% 
4.71% 
3.90% 


Returned 
nfx  sentence 

1.21% 

1.00% 

.97% 


3405 


TWO  YEAR  RECORDS— SEPTEMBER  30.  1918.  TO  SEPTEMBER  30.  1920 


Paroled 

\'io!ated 

Defaulters                    Returned 
at  large            '        new  sentence 

Joliet 

Chester 

Pontiac 

618 
478 
723 

7-45% 
2.92% 
7-73^0 

11.65%                          .97% 
10.67%                            .21% 

6.50%       ;        1.11% 

Total 

1819 

i 

The  record  of  paroles,  for  the  biennium,  September  30,  1918,  to  Septem- 
ber 30,  1920,  shows  the  following : 

Joliet— Total  number  paroled  618,  of  which  7.45  per  cent  were  returned 
for  violation  of  the  parole  agreement  and  11.65  per  cent  are  defaulters  at 
large. 

Chester— Total  number  paroled  478,  of  which  2.92  per  cent  were  re- 
turned for  violation  of  the  parole  agreement  and  10.67  per  cent  are  default- 
ers at  large. 

Pontiac— Total  number  paroled  723,  of  which  7.73  per  cent  were  returned 
for  violation  of  the  parole  agreement  and  6.50  per  cent  are  defaulters  at 
large. 

Joliet — From  the  time  the  parole  law  M-ent  into  effect,  July  1,  1895,  up  to 
September  30,  1918,  the  total  failures  at  Joliet,  including  thosereturned  for 
violations  and  defaulters  at  large  subject  to  return,  were  30.oo  per  cent  of 
the  total  number  paroled.  The  record  for  the  biennium  from  September  30, 
1918,  to  September  30,  1920,  at  Joliet,  shows  that  19.10  per  cent  of  the  total 
number  paroled  have  failed. 

Chester— From  the  time  the  parole  law  went  into  effect,  July  1,  1895,  up 
to  September  30,  1918,  the  total  failures  at  Chester,  including  those  returned 
for  violations  and  defaulters  at  large  subject  to  return,  were  23.30  per  cent 
of  the  total  number  paroled.  The  record  for  the  biennium  from  September 
30,  1918,  to  September  30,  1920,  at  Chester,  shows  that  14.01  per  cent  of  the 
total  number  paroled  have  failed. 


11 

Pontiac — From  December  1893,  when  the  State  Reform  School  was 
changed  to  the  Illinois  State  Reformatory,  the  total  number  of  failures, 
including  those  returned  for  violation  of  parole  and  defaulters  at  large  sub- 
ject to  return,  was  2^12  per  cent  of  the  total  number  paroled  prior  to  Sep- 
tember 30,  1918.  The  record  for  the  bicnnium,  from  September  30,  1918,  to 
September  30,  1920,  shows  that  14.23  per  cent  of  the  total  number  paroled 
have  failed. 

From  these  figures  it  may  be  readily  ascertained  that  the  record  of  the 
biennium  is  one  of  achievement  and  betterment  over  the  total  record  for 
the  23  years  preceeding  the  biennium.  At  each  institution  the  number  of 
defaulters  at  large  has  been  greatly  reduced  as  has  also  the  number  re- 
turned for  violation  of  parole. 

The  following  table  shows  the  average  length  of  time  served  by  Brst  or 
more  term  convicts  who  constitute  the  618  released  upon  parole  from  Joliet 
during  the  biennium. 


TERM  SERVED 

Number 

Average  time  ser\xd 

Years 

months 

days 

First  term  convi<'ts_  -..     _  - 

447 
85 

20 

4 

I 

6i 

2 
3 
4 
5 
4 
3 

7 
4 

7 

2 

3 
II 

^6 

Second  term  convicts -- 

27 

^3 

12 

Third  term  convicts.         .  __ _     _ 

Fourth  term  convicts.  - 

Fifth  term  convicts     _____           _  _ 

24 
29 

Returned  and  re-paroled           

Total  _              .           -          _ 

6i8 

Note:  The  average  time  ser\-ed  under  Definite  Sentence  Law  for  all  convicts  discharged 
during  the  year  ending  June  30,  1S95,  was  1  year,  7  months  and  11  days.  In  addition  to  the 
time  ser\ed  under  the  indeterminate  sentence  the  prisoner  must  do  at  least  one  year  upon  parole 
and  in  many  cases  he  is  required  to  do  two,  three  or  four  years  upon  parole. 

The  following  table  shows  the  number  of  first  and  more  term  convicts 
received  at  Joliet  during  the  last  five  years  and  the  per  cent  of  each  to  the 
total  number  received: 


1916 

1917 

1918 

1919 

1920 

Average  Daily  Count    _ 

1748 

1704 

1656 

1398 

1565 

Total 

First  term  convicts__ 

451 

41 

13 

5 

4 

I 

455 
47 
12 

3 

410 

40 

8 

I 

I 

382 

52 
7 
2 
2 

484 

35 

13 

3 

2182 
215 

53 
14 

7 

2 

88.24 
8.70 
2.15 

■5'7 
•25 
.09 

Second  term  convicts.- 

Third  term  convicts     .       _  .  _ 

Fourth  term  convicts 

Fifth  term  convicts    __     _ 

Sixth  term  convicts 

Total 

515 

517 

461 

445 

535 

2473 

100.00 

12 

The  following  table  of  recommitments  to  Joliet  reveals  how  the  number 
of  repeaters  has  gradually  decreased  since  the  parole  law  went  into  effect 
in  July  1895: 


Recommitments 


to  June  30, 


From  July  i,  i 

1895 

Total  number  convicts  received 
Daily  count 


From  October  i,  1916,  to  Sep- 
tember 30,  1917 

Total  number  convicts  received 
Daily  count 


From  October  i,  1917,  to  Sep 
tember  30,  1918 

Total  number  convicts  received 
Daily  count 


From  October  i,  1918,  to  Sep- 
tember 30,  1919 

Total  number  convicts  received 
Daily  count 


From  October  i.  1919,  to  Sep. 
tember  30,  1920 

Total  number  convicts  received 
Daily  count 


Second  '  Third 


113 


47 


40 


35 


36 


13 


Fourth 


13 


Fifth 


Sixth 


Total 


169 

961 

1677 


62 
1616 


51 

461 

1350 


63 
445 
1454 


51 

535 

1601 


Pet. 


17.58 


11.06 


14.16 


9-53 


During  the  year  ending  September  30,  1920,  a  total  of  535  convicts  were 
received  at  Joliet  as  against  961  received  therein  the  year  ending  June  30, 
1895,  which  was  the  last  year  of  the  definite  sentence  law.  Twenty-five 
years  ago  426  more  prisoners  were  received  in  Joliet  in  one  year  than  were 
received  there  last  year. 

CHICAGO    OFFICE    OF    THE    P.-^ROLE    DEPARTMENT 

After  care  and  close  supervision  while  upon  parole  has  produced  an 
exceptional  record  in  the  Chicago  office  of  the  parole  department.  During 
the  biennium  there  was  a  period  of  eight  months  in  which  no  parolee  from 
the  Pontiac  reformatorj^  was  arrested  in  Chicago.  During  nine  months  no 
parolee  from  Joliet  was  arrested  in  Chicago  and  for  eighteen  months  no 
parolee  from  Chester  was  arrested  in  Chicago.  To  one  who  reads  the 
Chicago  newspapers  this  record  seems  unbelievable,  but  it  is  correct  never- 
theless. 

An  assistant  chief  parole  agent,  five  other  parole  agents  and  five  ser- 
geants of  police,  assigned  by  the  police  department  of  the  city  of  Chicago, 
now  work  out  of  the  Chicago  office.  In  addition  to  supervising  the  per- 
sons upon  parole  in  Chicago,  securing  employment  for  them,  transferring 
from  one  employer  to  another  and  doing  the  other  routine  work  incident  to 
after  care  while  upon  parole,  daily  visits  are  made  by  the  parole  agents  in 
the  Chicage  office  to  the  bureau  of  identification,  detective  bureau,  county 
jail,  state's  attornej^'s  office  and  the  various   courts. 


13 

Summarized,  the  work  of  the  Chicago  office  during  the  biennium  is  told 
in  the  following: 


Received  on  parole 

Discharged  from  parole 

Returned  for  violation  of  parole 

Returned  on  new  sentence 

Wanted  for  violation  of  parole 

Died  while  on  parole 

Position  obtained 

Transfers  made 

Visits  made  by  this  district 

Special  investigation  made 

Arrested  and  returned  form  this 

district  as  escape 

Placed  in  hospitals  and  various   institution 

for  medical  attention 

Homes  provided  while  on  parole 


23 

45 
33 


CHESTER 
JOLIET 

PONTIAC 

300 

332 

240 

177 

18 

19 

7 

8 

37 

18 

4 

I 

770 

509 

458 

278 

4986 

3840 

324 

37 

12 

15 


Number  of  men  handled  on  writs  from  all   institutions 
Number  of  men  handled  attending  funerals  of 

relatives  from  all  institutions 

Number  of  statements  obtained  from  court,  etc. 

Number  of  court  trials  attended  by  officers 


26 

18 

435 

67 


THE   PAROLE  ORGANIZATION 

In  order  to  facilitate  the  work  of  handling  1819  persons  upon  parole, 
who  are  scattered  from  one  end  of  Illinois  to  the  other,  the  state  has  been 
divided  into  ten  parole  districts,  with  a  headquarters  in  each  as  follows  ; 

First  District,  Chicago;  second,  Joliet ;  third,  Rock  Island;  fourth, 
Pontiac  ;  fifth,  Lewistown  ;  sixth,  Paris;  seventh,  Springfield;  eighth.  East 
St.   Louis;   ninth,   Mt.  Vernon;   and  tenth,   McLeansboro. 

With  specified  counties  comprising  each  district,  a  parole  agent  works 
from  the  headquarters  in  each  district.  The  agent  is  in  close  communi- 
cation with  a  parole  supervisor  at  Joliet,  Chester  and  Pontiac.  At  the  in- 
dividual institutions  the  parole  supervisor  handles  the  parole  business  from 
that  institution  and  gives  directions  to  the  agents  in  the  ten  parole  dis- 
tricts. Each  night,  when  he  concludes  his  work,  the  agent  makes  a  pencil 
report  and  mails  it  to  the  parole  supervisor,  covering  the  number  of  men 
upon  parole  he  has  visited  that  day.  In  addition  the  agent  makes  a  monthly 
report  to  each  of  the  three  institutions,  covering  the  work  with  the  men 
upon  parole  in   his  district   from  that  particular   institution. 

In  each  district  the  parole  agent  handles  all  persons  upon  parole  in  that 
district  from  the  three  institutions.  In  this  way  his  time  is  not  occupied 
and  taken  up  with  travel  from  one  end  of  the  state  to  another,  as  it  was 
under  the  system  in  vogue  prior  to  the  reorganization  of  the  parole  depart- 
ment, made  possible  by  the  adoption  of  the  Civil  Administrative  Code. 

No  person  is  released  upon  parole  until  a  sponsor  and  employment  has 
been  obtained  for  him.  It  is  the  duty  of  the  parole  agent  to  investigate  the 
sponsor  and  ascertain  whet'ner  he  is  a  fit  and  proper  person  to  take  another 
person  upon  parole. 

In  order  that  the  agent  may  have  as  full  and  complete  an  understand- 
ing as  possible  of  the  character  of  the  parolee,  he  is  furnished  a  card  index 
covering  the  commitment  "and  all  other  information  which  it  is  possible  to 
put  upon  an  index  card  to  aid  the  agent  in  an  intelligent  supervision  of 
the  individual  parolee.  It  is  not  infrequent  that  persons  of  low  mentality 
must  be   released  upon   parole.     In   instances   of   this    character   the   parole 


14 

agent  is  furnished  with  a  duplicate  copy  of  the  report  made  by  the  mental 
health  officer  at  the  institution  from  which  the  man  was  paroled.  This 
report  sets  out  all  the  peculiar  traits  of  character  it  has  been  possible  for 
the  mental  health  officer  to  discover  in  the  parolee.  It  frequently  advises 
the  parole  agent  what  he  may  expect  from  the  parolee.  With  this  advice 
the  agent  is  enabled  to  guard  against  the  particular  trouble  that  originally 
caused  the  man  to  commit  crime. 

It  is  the  duty  of  all  parole  agents,  when  visiting  the  county  seats  in 
the  various  counties,  to  call  upon  the  state's  attorney,  circuit  judges,  police 
departments,  and  other  public  officials,  and  to  advise  with  them  relative  to 
the  men  upon  parole  in  that  locality. 

The  Illinois  plan  for  after  care  and  supervision  of  its  prisoners  upon 
parole  has  attracted  the  attention  of  officials  in  other  states,  many  of  whom 
are  putting  like  systems  into  operation. 

CONFUSING    THE    TERMS    "PROBATION"    AND    "PAROLE" 
WORKS    DESTRUCTION 

Despite  every  effort  the  members  of  the  Division  of  Pardons  and 
Paroles  have  been  able  to  put  forth,  our  work  continues  to  suffer  by  reason 
of  confusing  the  term  "Probation"  and  "Parole."  A  glaring  example  of 
this  has  just  occurred.  Two  boys,  who  were  upon  probation,  appeared  be- 
fore judge  Landis,  in  the  federal  court  in  Chicago,  charged  with  crirnes 
committed  while  upon  probation  from  a  court.  Judge  Landis  publicly  criti- 
cized the  system  under  which  they  had  been  released.  The  headlines  in 
one  of  the  great  daily  newspapers  of  Chicago  said: 

"LANDIS    ASSAILS    PAROLE    LAW    AS    HE    SENTENCES    TWO." 

Neither  of  the  boys  had  served  in  a  penal  institution.  The  headline  did 
the  damage  to  the  work  which  the  members  of  the  Division  of  Pardons  and 
Paroles  have  attempted  to  do  honestly,  conscientiously  and  to  the  best  of 
their  ability.  Writing  to  Governor  Lowden,  under  date  of  November  29, 
1920,  Judge  Landis  said,  among  other  things,  concerning  the  newspaper 
stories  : 

"I  have  not  condemned  the  Illinois  Parole  Law,  nor  its  adminis- 
tration by  the  board,  since  the  Illinois  parole  board  quit  turning 
loose  professional  burglars  several  years  ago. 

"I    should   like    Mr.   Christy   and    Mr.   Colvin   to    know    that   the 
odium  for  these  outrages  belong  to  my  judicial  brethren." 
In  another  letter,  under  date  of  December  8,  1920,  addressed  to  Honor- 
able Clarence  F.  Buck,  of  Monmouth,  Judge  Landis  expresses  the  opinion 
that: 

"The  working  of  the  state  parole  board  is  better  today  than  it 
ever  was  before,  according  to  my  observation." 

The  ordinary  newspaper  reporter  knows  nothing  about  the  problems  of 
parole  as  they  relate  to  the  public  welfare  and  cares  nothing  about  them. 
The  efforts  of  conscientious  men  M^ho  have  devoted  many  years  of  their 
lives  to  a  close  study  of  handling  criminals  can  be  destroyed  by  an  irre- 
sponsible reporter  and  there  is  no  recourse.  Four  years  of  unsuccessful 
effort  to  escape  from  the  harm  that  results  from  confusion  of  the  terms 
"probation"  and  "parole"  makes  me  wonder  whether  it  is  worth  while  to 
continue  the  battle. 

In  its  bulletin  of  January  1920,  the  committee  on  punishment  and  parole, 
of  the  Chicago  Crime  Commission,  specifically  calls  attention  to  the  fact 
that  "Parole  is  many  times  quoted  when  the  term  probation  should  be 
used."  The  text  of  the  report  by  the  committee  on  punishment  and  paroles 
is  as  follows  : 

"Your  committee  on  punishment  and  parole  reports  that  at 
various  times  members  of  this  committee,  in  company  with  the  oper- 
ating director,  have  attended  meetings  of  the  Division  of  Pardons 
and  Paroles  at  Springfield  and  Joliet,  and  that  the  operating  director 
alone  was  instructed  to  attend  a  session  at  Menard.  The  hearing 
of  the  Earl  Dear  case  was  attended  by  the  operating  director  as  the 


15 

representative  of  the  Chicago  Crime  Commission.  The  application 
for  pardons  or  commutation  of  sentences  in  the  cases  of  two  mur- 
derers serving  life  sentences  and  two  rapists  serving  fourteen  year 
sentences  were  opposed  formallj^  by  the  vice-chairman  and  operating 
director  on  November  19,  1919.  These  cases,  all  of  them  with  records 
of  the  greatest  brutality,  were  being  urged  for  favorable  considera- 
tion b}'  the  friends  of  the  prisoners  and  entirely  ignored  bj^  repre- 
sentatives of  prosecuting  authorities.  The  commission,  because  of 
its  information  concerning  these  cases,  was  enabled  to  present 
illuminating  data  for  consideration  of  the  Division  of  Pardons  and 
Paroles,  with  the  result  that  recommendations  were  made  to  the 
governor  that  the  petitions  be  not  granted,  recommendations  in 
which   the   executive   concurred. 

"It-is  the  belief  of  this  committee  that  the  present  personnel  of 
the  division  is  beyond  reproach  and  that  their  decisions  are  made 
after  the  gravest  deliberation  and  for  the  best  interests  of  society. 
That  much  of  the  condemnation  applied  to  the  parole  system  is  un- 
just and  is  confused  with  the  term  'probation.  Paroles  are  granted 
only  after  a  man  has  served  his  minimum  sentence  ;  whereas,  pro- 
bation is  an  act  within  the  discretion  of  the  court  and  was  designed 
to  protect  the  chance  or  first  offender  from  the  degradation  of  the 
felon's  stripe.  As  it  is  now  applied  it  is  a  farce.  Men  with  crimi- 
nal records,  gunmen  and  old  offenders  are  the  beneficiaries  of  this 
law.  Probation  is  not  within  the  scope  of  this  committee,  rightfully 
coming  under  the  observation  of  the  committee  on  courts  and  is 
merely  mentioned  to  differentiate  as  between  probation  and  parole 
in  order  that  it  may  be  understood  that  parole  is  many  times  quoted 
when  the  term  'probation'  should  be  used." 

So  long  as  newspapers,  judges,  state's  attorneys,  public  officials,  court 
officials,  police  officers,  and  persons  generally  use  the  term  "parole"  when 
"probation"  is  meant,  there  can  only  be  an  endless  chain  of  confusion 
working  in  the  public  mind  to  the  destruction  of  that  good  that  is  in  the 
parole  law. 

ACTION   ON   PARDON   APPLICATIONS 

During  the  biennium  the  Division  of  Pardons  and  Paroles  acted  upon 
404  applications  for  pardon  or  commutation  of  sentence.  Of  this  number 
pardon  or  commutation  was  denied  by  the  governor,  upon  the  recommenda- 
tion of  the  Division,  in  313  cases. 

Upon  the  recommendation  of  the  division,  Governor  Lowden  granted 
executive  clemency  in  91  cases.  Of  these  three  were  commuted  from  the  death 
penalty  to  life  imprisonment;  41  were  from  the  House  of  Correction;  18 
were  from  Joliet;  16  were  from  Chester;  9  were  from  Pontiac  ;  and  4  from 
county  jails. 

SIXTY-SEVEN   NEW   STATES'  ATTORNEYS 

For  many  years  under  the  policy  of  the  former  Board  of  Pardons  co- 
operation of  judges  and  state's  attorne3's  was  not  sought.  Four  years  ago 
this  policy  was  changed.  The  fullest  co-operation  between  the  committing 
authorities  in  the  various  counties  and  the  state  paroling  authorities  has 
produced  an  intelligent  handling  of  the  problems  in  which  all  public  officials 
are  equally  interested.  Betterments  have  been  made  possible  of  accomplish- 
ment. 

In  the  election  at  the  close  of  this  biennium  period  new  state's  attorneys 
came  into  office  in  67  of  the  102  counties  of  Illinois.  Every  effort  will  be 
made,  in  the  interest  of  the  public  welfare,  to  continue  the  co-operation  with 
the  newly  elected  officers. 

INVITING  THE  THIEVES  AND  CRIMINALS   OF  THE   WORLD 

TO  CHICAGO 

Seven  years  of  close  study  of  the  pardon  and  parole  work  of  Illinois 
has  given  the  superintendent  of  the  Division  of  Pardons  and  Paroles  some 
convictions  relative  to  the  causes  which  enable  crime  to  flourish  in  the  great 


16 

city  of  Chicago.  With  no  desire  to  criticize  any  public  official  I  cannot  re- 
frain from  expressing  the  opinion  that  the  policy  which  controlled  the 
state's  attorney's  office  during  Mr.  Hoyne's  latter  term — that  of  giving  im- 
munit}^  to  men  already  convicted  of  crime  in  return  for  testimony  which 
convicted  other  persons — is  to  a  very  large  degree  responsible  for  crime 
conditions  as  they  exist  at  this  time  in  Chicago. 

There  is  not  one  person  in  a  thousand  who,  after  conviction,  would  not 
avail  himself  of  the  opportunitj'  to  escape  punishment  by  convicting  an- 
other, if  he  was  capable  of  telling  a  story  upon  another  which  would  con- 
vict the  other  person. 

The  perniciousness  of  such  a  policy  in  any  state's  attorney's  office  does 
not  at  once  become  apparent.  It  has  taken  four  years  of  such  a  policy  to 
fully  reveal  the  terrible  results. 

Police  ofiicers  have  traded  places  in  the  Joliet  penitentiary  with  pro- 
fessional burglars  and  thieves  under  the  system.  While  spending  a  year 
in  the  penitentiary  the  members  of  the  so-called  "million  dollar  burglary 
trust"  framed  the  stories  which  took  them  out  and  put  the  police  officer, 
who  had  caused  their  conviction,  in  their  place. 

When  the  members  of  the  million  dollar  burglary  trust  came  out  of 
the  penitentiary  they  at  once  resumed  operations  upon  a  larger  and  grander 
scale  than  before.  Police  officers  may  deny  the  assertion,  but  it  is  true, 
nevertheless,  that  the  members  of  the  burglary  trust  committed  burglary 
after  burglary,  while  oflicers  who  knew  of  their  crimes  feared  to  arrest 
them,  because  of  the  threat  made  with  impunity,  that  "if  you  bother  me  I'll 
tell  the  state's  attorney  that  I've  been  paying  you  graft."  That  was  suffi- 
cient.    The  officer  closed  his  eyes,  turned  his  back  and  went  the  other  way. 

Chicago  now  is  reaping  the  consequences.  Thieves  and  criminals  see 
and  realize  what  an  opportunity  like  this  means  to  them  sooner  than  any- 
one else.  In  effect  the  policj^  became  an  invitation  to  the  criminals  of  the 
world  to  gather  in  Chicago.  It  will  take  a  long,  hard  fight  to  drive  them 
out. 

Everyone  realizes  that  there  are  dishonest  men  in  every  walk  of  life. 
There  will  always  be  some  dishonest  men  in  every  large  police  department. 
Probably  no  human  agency  will  ever  change  that  condition.  But  that  does 
not  mean  that  the  great  bulk  of  a  large  police  department  are  dishonest  men 

The  public  suffers  from  dishonest  police  officers  but  it  suffers  to  a  far 
greater  extent  when  a  condition  arises  under  which  great  numbers  of  honest 
officers  become  afraid  to  do  their  full  duty  in  the  arrest,  prosecution  and 
conviction  of  criminals. 

Mr.  Hoyne's  policy  of  taking  the  criminals  out  and  putting  police  officers 
in  their  places,  together  with  the  bond  evil,  as  it  exists  at  this  time,  are, 
in  the  opinion  of  the  superintendent  of  the  Division  of  Pardons  and  Paroles, 
the  predominant  causes  of  Chicago  crime.  In  an  interview,  since  his  elec- 
tion to  the  office  of  state's  attorney.  Judge  Crowe  called  attention  to  the 
fact  that  4,000  people  in  Chicago  are  at  large  upon  bond  at  this  time. 


17 


THE    ILLINOIS    PAROLE    LAW 

[By  Senator  James  J.  Barbour.] 
Note.     This    is'  an    address    delivered    by    Senator    Barbour,    President    of    the    Illinois    State 
Society  of  the  American  Institute  of  Criminal  Law  and  Criminology,  on  December  30,   1920,   before 
a   joint  session   of   that   organization   with    the    Illinois   State's   Attorneys'    Association    held    in   the 
city  of  Chicago. 


The  zero  hour  has  struck  in  Illinois  in  the  inatter  of  respect  for  the 
courts,  and  faithful  law  and  administrative  officials,  and  reverence  for  law 
and  a  sane  handling  of  the  problems  of  crime  and  criminals. 

The  mob  frenzy  of  alarmists  shatters  the  structure  that  wisdom  has  been 
a  quarter  of  a  century  in  building,  and  chaos  takes  its  place. 

We  read  from  day  to  day  that  nisi  prius  judges  who  enforce  the  consti- 
tutional right  to  the  writ  of  habeas  corpus,  and  supreme  court  judges  who 
dare  to  hold  election  laws  unconstitutional  are  to  be  impeached  at  the  coming 
session  of  the  legislature  ;  that  the  attorney  general,  fearless  in  his  enforce- 
ment of  the  Volstead  Act,  is  to  be  indicted;  that  the  right  to  supersedeas 
and  bail  in  the  supreme  court  upon  good  cause  shown  is  an  encouragement 
to  crime,  and  should  be  abolished.  The  granting  of  a  review  on  writ  of 
error  to  prisoners  condemned  to  death  is  the  subject  of  disparaging  com- 
ment just  within  the  border  line  that  saves  from  proceedings  for  contempt: 
policemen  are  to  be  promoted  and  granted  salary  raises  as  fast  as  they  shoot 
down  people  in  the  streets,  and  the  statutory  right  to  parole  and  good  time 
is  to  be  suspended  for  at  least  one  year. 

GUN  MEX  AND  STATE'S  ATTORNEY'S  OFFICE 

Peculiar  as  it  may  seem,  the  reign  of  the  gun  man  and  the  professional 
criminal  in  Chicago  has  been  coincident  with  lawlessness  in  the  state's 
attorney's  office  in  Cook  county  and  the  wholesale  violation  of  every  con- 
stitutional safeguard  accorded  the  citizen.  All  of  this  had  its  beginning 
twelve  years  ago  when  the  state's  attorney  ceased  to  run  a  law  office,  and 
embarked  upon  the  business  of  conducting  raids  upon  people  in  their  homes 
and  offices,  seizing  private  papers,  forcing  confessions,  granting  immunity 
to  felons  and  life  long  crooks  as  a  reward  for  turning  state's  evidence,  and 
more  abhorrent  than  all,  making  the  office  a  vehicle  for  promoting  guber- 
natorial and  mayoralty  candidacies,  and  using  it  as  a  big  weapon  to  aid  in 
factional  supremacy.  The  beginning  of  high  handedness,  not  to  say  law- 
lessness, on  the  part  of  the  prosecuting  officers  was  coincident  with  gross 
election  frauds  in  primaries  where  in  one  instance  the  then  state's  attorney, 
and  in  another,  one  of  his  assistants,  were  candidates  for  office.  These 
frauds  were  perpetrated  to  punish  these  two  gentlemen  because  they  had 
dared  to  indict  and  had  successfully  prosecuted  and  imprisoned  office  holders 
of  their  own  political  faith  who  had  been  guilty  of  monstrous  pay  roll  pad- 
ding for  their  personal  gain. 

Men  guilty'of  these  election  offenses  were  aided  in  their  conspiracies  by 
the  powerful  liquor  interest  who  were  anxious  to  aid  in  the  defeat  of  this 
particular  state's  attorney  as  a  punishment  for  commencing  prosecutions 
against  saloon  keepers  for  violations  against  the  state  Sunday  closing  law. 

The  gross  election  frauds  served  their  purpose.  The  fearless  and  law- 
enforcing  state's  attorney  was  counted  out.  The  beneficiary  of  the  fraud 
established  the  new  order  of  procedure. 

The  raid,  the  sweat  box,  the  use  of  the  stool  pigeon  and  the  immunity 
accomplices,  the  sensational  attack  on  police  officials  who  were  too  diligent 
in  going  after  the  professional  criminal,  and  the  play  for  the  first  page  head- 
line has  superceded  the  honestly  conducted  trial  work  that  accomplished  old 
fashioned  justice  and  made  punishment  certain  rather  than  severe  and 
occasional. 


18 

DEMORALIZATION    IN   HANDLING    CRIME 

By  the  way,  ballot  box  frauds  are  now  accepted  as  a  matter  of  course, 
and  anybody  who  questions  the  figures  is  set  down  as  one  who  seeks  to 
overthrow  the  "honest"  expression  of  an  independent,  conscientious,  dis- 
criminating and  intelligent  electorate.  Apropos  of  the  demoralization  that 
has  been  wrought  in  the  handling  of  crime  by  peculiar  methods  of  the 
prosecuting  officers,  the  superintendent  of  pardons  and  paroles  in  his  report 
to  Governor  Lowden,  says : 

"Seven  years  of  close  study  of  the  pardon  and  parole  work  of  Illinois 
has  given  the  superintendent  of  the  Division  of  Pardons  and  Paroles  some 
convictions  relative  to  the  causes  which  enable  crime  to  flourish  in  the  great 
city  of  Chicago.  With  no  desire  to  criticize  anj^  public  official  I  cannot  re- 
frain from  expressing  the  opinion  that  the  policy  which  controlled  the  state's 
attorney's  office  during  Mr.  Hoyne's  latter  term — that  of  giving  immunity 
to  men  already  convicted  of  crime  in  return  for  testimony  which  convicted 
other  persons- — is  to  a  very  large  degree  responsible  for  crime  conditions  as 
they  exist  at  this  time  in  Chicago. 

"There  is  not  one  person  in  a  thousand  who,  after  conviction,  would  not 
avail  himself  of  the  opportunity  to  escape  punishment  by  convicting 
another,  if  he  was  capable  of  telling  a  story  upon  another  which  would  con- 
vict the  other  person. 

"The  perniciousness  of  such  a  policy  in  any  state's  attorne3''s  office  does 
not  at  once  become  apparent.  It  has  taken  four  j-ears  of  such  a  policy  to 
fully  reveal  the  terrible  results. 

"Police  officers  have  traded  places  in  the  Joliet  penitentiary  with  pro- 
fessional burglars  and  thieves  under  the  system.  While  spending  a  year  in 
the  penitentiary  the  members  of  the  so-called  'million  dollar  burglary  trust' 
framed  the  stories  which  took  them  out  and  put  the  police  officer,  who  had 
caused  their  conviction,  in  their  place. 

"When  the  members  of  the  million  dollar  burglar}^  trust  came  out  of  the 
penitentiary  thej^  at  once  resumed  operations  upon  a  larger  and  grander 
scale  than  before.  Police  officers  may  deny  the  assertion,  but  it  is  true, 
nevertheless,  that  the  members  of  the  burglary  trust  committed  burglary 
after  burglary,  while  officers  who  knew  of  their  crimes  feared  to  arrest 
them,  because  of  the  threat  made  with  impunitj',  that  'If  you  bother  me  I'll 
tell  the  state's  attorney  that  I've  been  paying  you  graft.' — That  was  suffi- 
cient.— The  officer  closed  his  eyes,  turned  his  back  and  went  the  other  way. 

"Chicago  is  now  reaping  the  consequences.  Thieves  and  criminals  see 
and  realize  what  an  opportunity  like  this  means  to  them  sooner  than  any- 
one else.  In  effect  the  polic}^  became  an  invitation  to  the  criminals  of  the 
world  to  gather  in  Chicago.    It  will  take  a  long,  hard  fight  to  drive  them  out. 

"Everyone  realizes  that  there  are  dishonest  men  in  every  walk  of  life. 
There  will  always  be  some  dishonest  men  in  every  large  police  department. 
Probably  no  human  agency  will  ever  change  that  condition.  But  that  does 
not  mean  the  great  bulk  of  a  large  police  department  are  dishonest  men. 

"The  public  suffers  from  dishonest  police  officers  but  it  suffers  to  a  far 
greater  extent  when  a  condition  arises  under  which  great  numbers  of  honest 
officers  become  afraid  to  do  their  full  duty  in  the  arrest,  prosecution  and 
conviction  of  criminals." 

lAIMUNITY  TRADED   FOR  STATE'S   EVIDENCE 

The  state's  attorney  of  this  county,  who  has  just  retired  from  office 
testified  in  a  criminal  case  on  trial  here  last  May  and  boasted  of  this  per- 
nicious system  of  giving  immunity  in  trade  for  state's   evidence.     He  said: 

"We  handle  all  murder  cases  in  the  same  manner.  We  try  to  get  state- 
ments if  we  can  from  one  man  or  another.  When  a  man  makes  a  state- 
ment, after  he  has  made  that  statement,  if  he  is  willing  to  be  a  state  witness 
and  go  through  with  it,  we  alwaj's  tell  him  that  we  will  do  something  for 
him,  whatever  it  may  be. 

Q.     "You  don't  make  any  secret  about  it  do  vou,  Mr.  State's  Attorney?" 

A.     "No,  Sir." 


19 

Q.  "These  matters  that  you  have  said,  it  is  the  custom  of  your  office 
of  getting  statements  from  parties,  and  if  the  statement  is  satisfactory,  they 
remain  a  state  witness  and  you  try  to  get  them  off — that  is  a  matter  j'ou 
have  given  publicity  to?" 

A.  "Yes,  certainly.  There  is  a  press  bureau  outside  of  my  office  where 
reporters  are  now  and  every  hour  of  the  da\^  and  night  they  come  in  and 
ask  questions  about  everv  case.    You  know  that"? 

Q.     "Yes." 

A.     "We  answer  questions.' 

Q.     "It  is  a  matter  of  public  knowledge"? 

A.     "Yes." 

The  supreme  court  in  its  decision  of  the  same  case,  on  appeal,  con- 
demned the  methods  pursued  by  the  state's  attorney  in  forcing  a  confession 
in  that  case.    The  court  says  : 

"\Ve  do  not  want  to  be  understood,  as  approving  the  practice  of  taking 
into  custody  and  detaining  persons  merely  suspected  of  crime  for  the  pur- 
pose of  getting  confessions  from  them.  Such  practice  deserves  the  severest 
censure  and  has  been  repeatedly  condemned  by  the  courts  of  this  countrj'. 
In  determining  whether  or  not  a  confession  was  made  voluntarily  it  is 
proper  to  take  into  consideration  the  fact  of  unlawful  restraint.  (People 
vs.  Trybus,  219  N.  Y.  18,  113  N.  E.  538;  16  Corpus  Juris,  719.)  As  we  have 
said,  plaintiff  in  error  was  questioned  during  the  greater  part  of  three  days 
and  four  nights  bj'  the  state's  attorney,  two  of  his  assistants,  his  private 
secretary  and  several  police  officers.  While  we  do  not  believe  any  physical 
force  was  used  nor  that  direct  threats  or  promises  were  made,  there  can  be 
no  doubt  at  all  that  the  repeated  questioning  by  these  officers,  like  the  con- 
stant dropping  of  water  upon  a  rock,  finally  wore  through  ^'inci's  mental 
resolution  of  silence.  Admittedly  his  refusal  at  first  to  answer  incriminating 
questions  gave  evidence  of  a  desire  to  make  no  statement.  The  examina- 
tion was  persisted  in  by  turns  until  plaintiff  in  error  finally  Anelded  to  the 
importunities  of  his  questioners  and  gave  answers  which  they  sought.  It 
seems  clear  to  us  that  the  accused  became  convinced  that  he  was  bound  to 
make  a  statement  to  secure  relief  from  the  continuous  questionings  of  those 
having  him  in  charge,  and  under  the  circumstances  we  do  not  see  how  a 
confession  thus  obtained  can  be  said  to  be  voluntary." 

And  now,  without  further  digression,  let  us  proceed  to  a  consideration 
of  our  present  statutes  in  Illinois  relating  to  criminal  law  and  criminology. 

PURPOSE  OF  THE  PAROLE  LAW 

The  parole  law  was  adopted  in  Illinois  and  became  operative  July  1, 
1895,  not  as  a  concession  to  criminals,  nor  upon  the  demand  or  suggestion 
of  defending  attorneys,  or  those  who  sought  to  obtain  lighter  punishments 
for  unfortunates.  Its  purpose  was,  and  the  result  has  been,  to  give  the 
state  greater  and  more  prolonged  control  over  every  person  who  should 
hereafter  be  sentenced  and  committed  to  a  penal  institution.  It  took  away 
from  the  individual  judge,  or  a  motley  jury,  acting  upon  the  limited  infor- 
mation and  restricted  latitude  permitted  under  the  rules  of  evidence  and  the 
hurry  of  legal  procedure,  the  right  to  impose  a  definite  sentence,  as  an  in- 
cident to  a  judgment  and  commitment  to  prison. 

It  deprived  an  over  burdened  state's  attorney  handling  a  crowded  docket, 
of  the  power  to  trade  with  the  prisoner,  and  swap  a  minimum  sentence  of 
a  year  for  a  plea  of  guilty. 

It  made  it  impossible  for  an  untrained,  inexpert  aggregation  of  twelve 
men  to  compromise,  frequently  eleven  with  one,  and  sometimes  otherwise, 
and  render  a  verdict  fixing  a  maximum  punishment  of  a  year  for  a  felony. 

It  put  an  end  to  the  practice  of  some  judges  of  yielding  to  the  secret 
importunities  of  the  ward  boss  or  precinct  worker  and  imposing  light  pun- 
ishments, as  a  matter  of  favor  and  pull,  rather  than  as  an  act  of  justice  or 
deserving  mercj*. 

All  of  these  evils  exist  to  this  day,  in  cases  of  minor  offenses,  of  lesser 
grade  than  felonies,  where  the  parole  law  does  not  operate  or  apply. 

Statistics  prove  the  inadequacy  and  ineffectiveness  of  the  definite  sen- 


20 

tence  law,  administered  haphazard,  by  as  main'  diverse  units  as  there  are 
separate  judges  and  courts  in  the  state. 

In  fact,  these  things  that  hinder  and  prevent  the  incarceration  of  per- 
sons guilty  of  criminal  offenses  have  been  accentuated  by  the  chaotic  work- 
ing of  the  adult  probation  law.  All  of  the  defects  and  mistakes  in  the  opera- 
tion of  the  probation  law  are  mistakenly,  and  frequently  maliciously,  charged 
to  the  parole  board,  and  it  seems  a  well  nigh  hopeless  task  to  set  right  a 
public  that  seems  unwilling  to  make   a  careful  study  of  the   situation. 

Under  the  definite  sentence  law  when  the  sentence  had  been  served, 
the  man  was  more  or  less  abandoned.  Nothing  to  do  but  to  so  comport  him- 
self as  to  keep  out  of  the  way  of  an  irritated  jailer,  so  as  to  be  automatically 
ejected  at  the  end  of  his  term  in  the  same  condition  in  which  he  went  in, 
except  for  the  damage  and  ravage  sustained  by  the  lack  of  human  contact 
with  a  welfare  board  of  overseers  charged  with  the  business  of  present  im- 
provement and  after  care. 

The  immediate  result  of  the  first  working  of  this  parole  law,  which 
speaking  off  hand,  doubled  the  average  term  of  confinement  in  prison,  was 
a  protest  from  prisoners,  defending  attorney's,  judges  and  in  many  instances 
even  state's  attorneys  because  of  the  refusal  of  the  parole  board  to  release 
prisoners  at  the   expiration  of  eleven  months. 

When  the  prisoner  appeared  in  court  for  trial,  his  lawj-er  told  him,  and 
sometimes  the  state's  attorney  and  the  judge  acquiesced  in  the  statement, 
that  he  probably  would  be  released  on  parole  at  the  expiration  of  eleven 
months. 

The  prisoner  knew  that  juries  refuse  to,  and  never  return  a  special 
verdict  of  guilty  under  a  habitual  criminal  count,  in  those  cases  where  the 
proof  sustains  the  charge  in  the  indictment  that  the  defendant  had  been 
previously  convicted  of  a  felony.  Twelve  average  men  will  not  hit  a  man 
when  he  is  down.  They  will  punish  him  for  the  offense  for  which  he  is 
arrested,  but  will  not  add  to  that  punishment  simply  because  it  has  been 
shown  that  the  man  previously'   suffered  punishment. 

And  so  the  defendant  started  to  serve  his  sentence  under  the  working 
of  the  parole  law,  expecting  a  release  when  the  minimum  was  served.  But 
he  found  that  he  had  entered  the  penitentiarj'  only  to  confront  new  judges, 
who  began  his  trial  all  over  again.  Starting  with  the  original  evidence  of 
guilt,  plus  the  verdict  of  guilty,  he  finds  the  parole  board  has  sought  for  and 
obtained  information  concerning  his  life  history,  his  place  of  birth,  parent- 
age, schooling,  industry  or  indolence,  his  police  record,  mental  capacitj', 
vicious  habits  or  inclinations,  plus  his  conduct  in  prison.  The  recommenda- 
tions of  the  prosecuting  witness,  the  judge,  state's  attorne}',  sometimes  the 
local  crime  commission,  and  frequently  the  daily  press  and  police  officials, 
all  of  these  formulated  out  of  the  presence  of  the  accused,  without  sub- 
mission to  him  for  answer  or  comment,  also  go  into  the  judgment  scales 
and  usually  weigh  against  the  probabilitj-  of  a  minimum  term. 

In  addition  to  all  of  these  difficulties  with  which  this  prisoner,  who  al- 
ready has  served  at  least  ten  months,  has  to  contend,  he  must  be  ready  to 
present  to  the  board  the  name  and  written  undertaking  of  an  emplo}'er  who 
agrees  to  give  the  culprit  a  job  and  at  pay  that  will  be  satisfactor}'  to  the 
parole  board. 

Is  it  any  wonder  that  under  this  parole  sj'stem  the  terms  of  imprison- 
ment at  once  doubled,  and  that  society  had  the  additional  safeguard  of  the 
parole  period  during  which  the  released  prisoner  had  to  make  stated  reports, 
subject  himself  to  the  whim  of  the  employer  and  so  conduct  himself  gen- 
erally that  he  would  not  be  called  back  to  the  penitentiarj-  for  an  extended 
sentence  ? 

WHAT   THE   VIOLATION   OF   PAROLE    :^IEANS 

The  critic  of  the  parole  system  refuses  not  only  to  give  it  the  credit  of 
prolonging  the  incarceration  of  the  defendant,  but  declines  to  acknowledge 
the  great  benefit  that  society  as  well  as  the  parolee  receives  from  the  after 
care  resulting  from  intensive  observation  and  control  by  the  parole  agent 


21 

during  the  period  of  parole,  which,  contrary  to  the  public  understanding, 
is  not  limited  to  a  period  of  one  year,  but  occasionally  runs  as  high  as  five 
years. 

This  matter  of  violation  of  parole  agreement  does  not  mean  that  the 
parolee  has  committed  an  additional  criminal  offense.  He  may  only  have 
broken  his  word,  failed  to  keep  employed,  made  improper  use  of  his  income, 
contracted  a  marriage  without  permission,  left  the  state  hoping  for  better 
erhployment,  or  failed  to  report  to  the  parole  agent,  or,  in  the  language  of 
the  day,  been  absent  without  leave. 

The  first  criticism  made  of  the  parole  law  came  from  the  defendants  and 
their  attorneys  and  relatives.  The  complaint  was  that  the  law  was  unfair 
in  its  workings  ;  that  the  man  was  wholly  at  the  mercy  of  a  hard  hearted 
board,  an  ex  parte  drum-head  tribunal  whose  only  limitation  of  action  was 
the  maximum  sentence. 

The  supreme  court  in  construing  the  law  directly  held  that  the  sentence 
by  the  court  was  for  the  maximum  term,  subject  to  prior  discharge  as  the 
parole  board  should  see  fit. 

It  was  sometimes  claimed  tiiat  in  cases  where  persons  charged  with 
murder  were  convicted  of  the  lesser  offense  of  manslaughter  they  were 
held  in  prison  longer  than  if  the  jury  had  fixed  a  definite  term  of  years  for 
murder;  and  almost  invariably  the  man  sentenced  to  serve  an  indefinite 
term  for  manslaughter  was  held  in  confinement  for  a  greater  term  than  he 
would  have  been  under  the  law  which  authorized  the  jury  to  fix  the  penalty. 
This  was  due  to  the  fact  that  sentiment  against  imprisonment  did  not  affect 
the  board  in  its  findings,  and  that  from  the  intensive  study  of  the  convict 
the  board  was  able  to  take  into  consideration  many  things  which  the  safety 
of  the  community  would  lead  them  to  prolong  the  term. 

During  the  five  j^ears  of  service  as  an  assistant  state's  attorney  in 
Chicago,  mostly  from  day  to  day  in  the  court  room  (1904-1909),  I  heard 
public  and  private  criticism  of  the  parole  system  by  judges  and  attorneys, 
even  by  some  of  the  assistant  state's  attorneys,  because  the  recommenda- 
tions for  minimum  sentence  made  by  the  judges  and  the  state's  attorney 
were  not  being  acted  on. 

An  attempt  was  even  made  to  secure  legislation  to  make  the  law  more 
beneficial  to  prisoners,  and  to  provide  that  the  court  or  jury  should  desig- 
nate and  fix  the  maximum  term  for  which  the  defendant  in  each  particular 
case  could  be  held,  the  parole  board  to  have  the  right  to  release  sooner  if 
they  saw  fit.     But  the  proposed  legislation  was  defeated. 

BEGINNING  OF  ATTACKS   ON  PAROLE   LAW 

The  public  hue  and  cry  against  the  parole  law  began  with  and  was 
fanned  into  a  flame  by  a  defending  lawyer  active  in  politics  and  continually 
opposing  the  then  state's  attorney  and  subsequent  governor  in  his  own 
home  political  bailiwick.  This  lawyer  was  enraged  because  persons  whom 
he  had  defended  were  held  in  the  penitentiary  longer  than  he  thought  they 
ought  to  be.  He  even  felt  that  his  clients  were  discriminated  against  because 
of  personal  resentment  to  him.  He  made  a  personal  issue  against  the  chair- 
man of  the  Board  of  Pardons,  and  contniually  made  him  the  subject  of 
public  attacks.  This  was  all  in  the  interest  of  the  prisoners  and  repre- 
sented a  protest  against  the  rigors  of  the  law.  The  psychology  of  "knocking" 
increased  this  lawyer's  following.  Soon  the  police  found  that  an  easy  way 
to  account  for  their  failure  to  prevent  crime,  and  to  punish  it  as  well,  was 
to  assail  the  parole  board.  This  defending  lawyer  critic  afterwards  became 
state's  attorney,  and  hoped  to  be  Illinois'  governor.  He  continued  his  propa- 
ganda against  the  parole  board,  the  members  of  which  were  the  appointees 
of  his  political  rival,  the  then  governor.  The  result  was  that  the  idea  be- 
came fixed  in  the  mind  of  the  uniformed  public  that  the  parole  law  had 
from  the  first  been  a  failure  in  dealing  with  criminals  and  protecting  the 
public  and  served  to  let  criminals  out,  rather  than  to  keep  them  in.  Every 
person  in  any  way  identified  with  the  administration  of  this  law,  from  the 
governor  down,  and  every  humanitarian  who  approves  of  decent  procedure 
and  intelligent  handling  of  prisons  and  prison  work,  and  of  those  convicted 


22 

of  crime  and  their  families,  must  be  prepared  to  be  maligned  and  publicly 
censured  so  long  as  evil  exists  in  the  world  and  crimes  are  committed. 

REFORMATORY  FEATURES  OF  THE  LAW 

Thus  far  we  have  said  nothing  about  the  reformatory  features  of  the 
law  and  its  administration  which  has  l)een  cumulative  in  its  growth  and 
now  represents  the  best  thought  and  the  most  effective  results  obtaining 
anywhere  in  the  United  States.  Under  the  Lowden  administrative  code 
the  Department  of  Public  Welfare  has  control  of  all  charitable  institutions, 
delinquents,  defectives  and  diseased,  as  well  as  all  criminals.  They  have 
trained  expert  workers,  and  the  after  care  sj'stem  of  handling  the  parolees 
is  the  direct  result  of  the  placing  of  the  welfare  control  with  one  depart- 
ment of  the  state  government.  Instead  of  relying  upon  the  employer,  who 
is  to  answer  for  the  prisoner,  supplemented  by  the  efforts  of  a  single  parole 
agent  for  a  large  area,  whose  main  work  has  been  to  follow  up  and  appre- 
hend known  delinquents  and  parole  violators,  the  representatives  of  the 
department  themselves  assume  the  duty  of  following  up  the  parolee. 

Under  the  former  definite  sentence  system  when  a  man's  time  had  been 
served,  he  was  given  a  ten  dollar  bill,  a  suit  of  clothes,  a  pair  of  shoes,  and 
a  hat,  the  make  of  all  of  which  could  be  recognized  by  any  policeman  any- 
where in  the  United  States,  and  set  adrift  to  shift  for  himself.  He  could 
not  be  taken  back  to  the  prison  except  after  another  trial  upon  another 
indictment  and  a  conviction  for  a  different  offense.  Often  the  poor  fellow 
had  an  uphill  fight  at  best.  He  had  no  intelligent  supervision  and  encour- 
agement, and  it  was  easy  for  him  to  drift  back  into  crime.  And  societj" 
meanwhile  was  in  peril.  From  the  inception  o^f  the  working  of  the  parole 
law,  the  actual  period  of  confinement  and  punishment  was  supplemented 
by  the  parole  period  running  from  11  months  to  5  years  or  even  to  life. 
During  the  parole  period  the  parolee,  if  he  was  to  continue  to  be  at  large, 
had  to  so  conduct  himself  with,  or  without,  the  aid  of  organizations  making 
his  problem  a  study,  so  that  the  parole  board  would  not  have  the  right  to 
require  him  to  return  to  the  prison  because  of  bad  conduct,  or  carelessness, 
or  neglect  to  make  reports  due  to  varying  unfortunate  circumstances.  This 
right  to  force  the  return  of  the  parolee  to  the  prison  for  further  punishment 
made  the  parole  lav,-  three  times  as  drastic  as  the  definite  sentence  law.  in 
that  on  top  of  doubling  the  period  of  original  confinement,  it  placed  a 
weapon  in  the  hands  of  the  state  of  inflicting  additional  punishment  in  the 
event  of  misbehavior  after  release. 

But  now  in  the  work  of  rehabilitation  of  men  and  of  creating  values  for 
society,  the  Department  of  Public  Welfare  has  its  agent  meet  the  man  as  he 
leaves  the  door  of  the  penitentiary  and  start  him  on  a  train  for  his  destina- 
tion. Arriving  there,  the  welfare  agent  takes  him  from  the  train,  installs 
him  in  his  living  quarters  and  sees  that  he  at  once  enters  upon  the  employ- 
ment which  has  been  previously  obtained  for  him.  The  man  is  followed  up 
and  if  the  employment  does  not  prove  suitable,  or  if  he  cannot  easily  adjust 
himself  to  it,  other  work  is  found  for  him.  And  in  addition  to  his  being 
required  to  make  reports  at  the  office  of  the  parole  agent,  the  agent  fre- 
quently calls  on  him  and  on  his  family  and  employers  and  acquaintances. 
Take  a  case  in  point,  happening  within  the  last  thirty  days — a  colored  man 
was  released  from  Chester  penitentiary,  at  Menard,  Illinois.  A  man  in 
Springfield  agreed  to  give  him  employment,  knowing  that  he  was  a  convict. 
The  parole  agent  at  Menard  took  the  man  from  the  penitentiary  and  placed 
him  on  the  train.  When  the  man  got  off  of  the  train  at  Springfield  a  parole 
agent  met  him  there  and  took  him  to  a  colored  boarding  house  or  hotel.  The 
hotel  keeper,  knowing  that  he  was  a  parole  convict,  insisted  on  a  guaranty 
of  his  board.  The  parole  agent  had  no  funds  available  for  such  an  emer- 
gency. He  induced  the  hotel  keeper  to  keep  the  man  over  night,  and  the 
next  day  persuaded  the  employer  after  much  difficulty,  to  guarantee  the 
week's  board  and  to  reimburse  himself  out  of  the  pay  that  would  be  coming 
to  the  man.  He  was  induced  to  do  this  on  the  representation  that  the  ten 
dollars  that  the  man  had  would  be  almost  wholly  used  up  in  purchasing  two 
suits  of  overalls  and  other  garments  necessary  for  him  to  work  in.     That 


23 

colored  man  will  have  the  friendly  care  of  the  state  of  Illinois  during  the 
parole  period,  and  until  such  time  that  it  will  be  demonstrated  that  he  is  in 
everj^  way  qualified  for  citizenship,  and  is  trustworthy  and  law  abiding. 

PAROLE   OUTSIDE  OF  ILLINOIS 

The  parole  act  has  been  enlarged  so  as  to  permit  men  who  while  tem- 
porarily in  Illinois  have  committed  crimes  and  been  convicted,  can  at  once 
be  returned  to  their  homes  or  elsewhere  in  other  states  and  serve  out  their 
parole  there.  They  are  not  permitted,  however,  to  leave  the  state  of  Illinois 
unless  satisfactory  arrangements  for  supervision  have  been  made  with  the 
authorities  in  the  community  in  which  they  are  permitted  to  go.  Usually 
the  sherifif,  chief  of  police,  mayor  or  a  judge  is  the  person  applied  to  and 
designated  as  the  person  who  is  to  be  responsible  for  the  good  conduct  of 
the  parolee.  It  is  gratifying  that  these  public  officials  in  various  states 
have  welcomed  this  responsibility,  and  cheerfully  co-operated  with  our 
board,  and  commended  the  system. 

Two-fifths  of  Illinois  population  is  in  Cook  county  and  the  board  is 
continually  endeavoring  to  adjust  its  work  to  the  problems  of  the  city.  Two 
reasons  actuate  it.  First,  a  desire  to  protect  the  city  from  persons  who  have 
in  the  past  been  guilty  of  crime,  and,  second,  a  desire  to  protect  the  parolee 
from  the  police  dragnet  and  the  many  temptations  and  handicaps  of  city 
life.  The  result  has  been  that  up  to  within  the  last  two  or  three  weeks  and 
for  a  period  of  more  than  a  year  the  police  department  and  the  board  have 
been  in  hearty  accord.  The  police  dragnet  so  far  as  parole  convicts  was 
concerned,  had  been  done  away  with.  The  propaganda  against  the  parole 
system  had  been  suspended.  No  charges  were  made  against  the  system 
where  the  facts  did  not  sustain  it.  Several  police  officers  were  assigned  to 
co-operate  with  and  work  out  of  the  parole  agent's  office  so  that  the  police 
force  itself  were  seeking  to  encourage  and  help  the  paroled  man  to  re- 
establish himself. 

What  has  been  true  of  the  workings  in  the  city  of  Chicago,  has  been 
duplicated  in  other  cities  and  counties  throughout  the  state,  and  the  state's 
attorneys  of  Illinois  have  themselves  cheerfully  aided  in  looking  after  the 
paroled  man  and  seeing  that  he  has  had  a  fair  chance  to  make  good.  The 
Chicago  Crime  Commission,  through  its  operating  director,  has  frequently 
sat  with  the  board  in  many  of  its  sessions  at  Joliet,  Chester  and  Pontiac. 
This  commission  demands  a  high  standard  of  performance  and  is  a  remorse- 
less critic.  Its  recommendation,  therefore,  is  the  best  evidence  of  the  eflfec- 
tiveness  of  the  board's  efiiciency.  In  an  address  by  the  operating  director 
of  the  crime  commission  printed  in  the  Journal  of  Criminal  Law  and  Crim- 
inology, under  date  of  November  1920,  it  is  said: 

"If  all  of  our  public   servants   functioned   as   conscientiously   as 
the  present  Division  of  Pardons  and  Paroles  there  would  be  no  need 
for  the  continued  existence  of  the  Chicago  Crime  Commission." 
Federal    Judge    Landis,    writing    to    Governor    Lowden    under    date    of 
November  29,  1920,  said  among  other  things  concerning  certain   newspaper 
stories  : 

"I  have  not  condemned  the  Illinois  parole  law,  nor  its  adminis- 
tration by  the  board,  since  the  Illinois  parole  board  quit  turning 
loose  professional  burglars  several  years  ago. 

"I    should   like    Mr.    Christy   and   Mr.    Colvin    to   know   that   the 
odiuin  for  these  outrages  belong  to  my  judicial  brethren." 
And   in    another   letter   under   date   of    December   8,    1920,   addressed    to 
Senator  Clarence  F.  Buck,  Judge  Landis  said: 

"The  working  of  the  state  parole  board  is  better  today  than  it 
ever  was  before,  according  to  m}'  observation." 

The  State's  Attorneys'  Association  in  resolution  adopted  in  the  annual 
session  at  Decatur  in  December,  1919,  recommended  the  parole  law  and  its 
present  administrators,  pointing  out  that  the  records  of  the  Division  of 
Pardons  and  Paroles  disclose  a  remarkable  small  percentage  of  parole 
prisoners    who    have    while   on    parole   been    charged   with    new    and   other 


24 

offenses  ;  and  further  sets  forth  "That  the  purpose  and  spirit  of  said  act 
is  wholesome  and  good,  and  its  administration  as  now  conducted,  has  been, 
and  now  is  producing  excellent  results." 

BEST  OF  ALL  PAROLE  LAWS 

At  the  last  two  sessions  of  the  American  Prison  Association,  the  Illinois 
parole  law,  as  revised  in  1919,  has  been  characterized  as  the  best  parole  law 
in  operation  in  any  of  the  states.  And  the  fact  is  that  following  Illinois' 
action  in  1895,  practically  all  of  the  states  have  adopted  the  indeterminate 
sentence. 

The  members  of  the  Division  of  Pardons  and  Paroles  work  under  very 
depressing  conditions.  They  conduct  hearings  and  conferences  behind 
prison  walls  for  long  hours,  each  day  where  they  come  in  contact  mainly 
with  the  prisoners  and  their  impoverished  and  despairing  families.  They 
must  steel  themselves  against  the  moving  appeals  that  are  put  forth  by 
friends  and  relatives  of  those  seeking  discharge,  and  at  the  same  time  have 
to  impress  upon  these  people  that  the  board  has  acted  humanely  and  with 
manifest  fairness.  There  is  no  commending  or  applauding  gallery  present 
and  public  recognition  of  merited  service  unselfishly  performed  is  Avoefully 
lacking. 

The  actual  result  of  the  parole  system  clearly  indicates  that  we  must 
look  elsewhere  to  discover  the  reasons  for  the  evils  complained  of. 

During  the  biennium  ending  September  30,  1920,  there  was  a  period  of 
eight  months  in  which  no  parolee  from  the  Pontiac  reformatory  was  arrested 
in  Chicago.  During  nine  months  no  parolee  from  Joliet  was  arrested  in 
Chicago,  and  for  eighteen  months  no  parolee  from  Chester  was  arrested  in 
Chicago. 

During  the  last  five  years  of  the  definite  sentence — 1890  to  1894,  inclu- 
sive— ^juries  gave  the  maximum  in  seventeen  commitments  to  the  Joliet 
prison  for  the  crimes  of  burglary,  larceny  and  robbery.  For  the  same 
crimes  at  Joliet,  the  parole  authorities  have  passed  four  hundred  ninety 
cases  with  a  maximum  since  1895,  an  average  of  ninety-eight  cases  for  each 
five  years  against  seventeen  by  the  juries.  During  the  past  five  years  one 
hundred  sixty-two  cases  have  been  passed  to  the  maximum,  the  average 
time  being  eight  years,  two  months  and  six  days.  In  addition,  four  cases 
of  one  year  to  life  were  passed  to  the  maximum. 

Out  of  1819  prisoners  paroled  from  the  two  penitentiaries,  and  the  re- 
formatory, in  the  biennium,  a  total  of  one  hundred  sixteen,  or  6.36  per  cent, 
have  been  returned  for  violation  of  parole.  Only  fifteen  out  of  1819  have 
been   returned  on  ne^v  sentences.     This  is  less  than  one  per  cent. 

The  most  sensational  and  nonsensical  suggestion  thus  far  advanced  is 
that  the  parole  law  be  suspended  for  one  year  and  that  no  one  be  discharged 
from  the  institutions  for  at  least  that  period.  Nothing  as  radical  as  this 
has  occurred  at  any  time  in  the  world's  history.  Think  of  it!  For  an  entire 
period  of  a  j'ear  no  inmate  of  a  prison  can  be  discharged.  Sickness,  refor- 
mation, the  approach  of  death,  solemn  agreements  entered  into  with  the 
prisoners,  in  months  or  even  years  prior  hereto  are  all  to  be  diregarded. 
Out  of  over  fifteen  hundred  inmates  at  Joliet  it  is  assumed  that  there  is  not 
one  person  whom  the  representatives  of  the  state  are  capable  of  wisely 
selecting  for  parole  or  discharge.  Rewards  for  acts  of  heroism,  superior 
good  conduct  or  any  other  unusual  or  extraordinary  conditions  cannot  be 
operative  if  such  a  plan  is  adopted,  and  its  advocates  of  course,  have  no 
intention  of  substituting  any  other  system  for  the  parole  law.  The  brain 
that  conceived  such  a  suggestion  is  capable  of,  in  good  faith,  advocating 
complete  extinction  of  persons  convicted  of  crime  and  harking  back  to  the 
period  in  England  when  more  than  two  hundred  offenses  were  punishable 
with  death. 

SWIFT  AND  IMPARTIAL  JUSTICE 

Alany  well  disposed  associations  of  citizens  in  our  state  are  insisting 
on  drastic  and  uniformly  increased  punishment  for  criminal  offenses.  W'hile 
there  is  urgent  need  at  all  times  that  the  public  should  insist  on  swift  and 
impartial   apprehension   and  trial  of  those   supposed  to  be  guilty  of  infrac- 


25 

tions  of  law  and  speedy  punishment  of  those  convicted,  yet  it  must  be  re- 
membered that  the  obligation  of  the  state,  instead  of  ending,  is  just  begin- 
ning when  these  things  have  been  accomplished. 

The  four  thousand  inmates  of  state  penal  institutions,  as  well  as  the 
hundreds  of  others  in  jails,  work  houses  and  juvenile  homes,  constitute  a 
certain  measure  of  human  values  that  must  be  worked  over  and  rehabili- 
tated and  turned  to  good  account  to  the  full  extent  that  the  best  method  and 
thought  of  an  enlightened  civilization  can  devise. 

These  wards  of  the  state  require  medical  observation  and  cure,  educa- 
tional and  manual  and  industrial  training,  and  moral  reawakening,  and 
they  respond  to  expert  and  kindly  directed  efforts  along  these  lines,  fully 
as  much  as  do  the  thousands  of  other  unfortunates  that  we  house  in  state 
hospitals  for  the  insane,  or  the  otherwise  mentally  weak  or  defective,  the 
blind  or  diseased;  all  constituting  a  vast  army  more  than  twenty-five 
thousand  in  number  that  are  under  the  direct  control  of  the  Department  of 
Public  Welfare  of  the  state  of  Illinois.  If  any  considerable  number  of  this 
vast  army  can  be  rebuilt  and  made  morally,  physically,  mentally  and  indus- 
trially fit  to  take  their  place  in  the  world  along  with  the  common  run  of  man- 
kind, society  has  been  the  gainer  and  the  result  vvill  be  that  crime  will 
constantl}'  decrease. 

The  unfortunate  victims  of  heredity  and  environment,  those  who,  for 
any  reason,  lose  out  in  the  great  social  struggle  of  this  day  and  age,  as  well 
as  all  who  are  connected  with  them  through  kinship  or  friendly  association, 
must  be  made  to  feel  that  these  organizations  of  superior  citizenship  and 
the  well  to  do  have  about  them  some  humane  attributes  and  a  disposition  to 
treat  with  the  unfortunate  classes  on  a  basis  of  broad  humanity.  Other- 
wise, anarchy  and  chaos  are  the  inevitable  result.  The  achievements  of 
twenty-five  years  of  intensive  work  in  penology  must  not  be  ruthlessly 
ignored  and  discarded,  and  the  propaganda  by  inefficient,  ignorant  or  graft 
taking  public  officials  charged  with  law  enforcement  and  the  prevention  of 
crime  must  give  place  to  a  wholesome  co-operation  with  all  governmental 
activities  having  to  do  with  the  establishment  of  high  moral  standards  and 
a  genuine  observance  of  law  and  order. 


26 


THE  ILLINOIS  IDEA 

[By   John   L.    Whitman,    Superintendent   of    Prisons] 

Note:  This  is  an  article  in  which  the  Superintendent  of  Prisons  of  the  State  of  Illinois 
describes  the  Progressive  Merit  System  of  prison  administration  which  he  has  worked  out  and 
introduced   in   the   penal    institutions   of   this   state. 

The  new  prison  in  course  of  construction  at  Stateville  is  being  built  with  special  adapta- 
tions for  the  carrying  out  of  the  Progressive  Merit  System.  It  is  conceded  to  be  the  "last  word" 
in   prison   construction. 

The  Progressive  Merit  System  has  been  devised  with  the  particular  end  in  view  of  prcr 
paring  men  incarcerated  in  the  state  correctional  institutions  for  their  release  and  return  to  society 
under  the   provisions   of  the   Illinois  state   parole   law. 


A  Progressive  Merit  System  that  prepares  the  prisoners  for  good  citizen- 
ship and  a  prison  construction  that  makes  possible  the  necessary  classifica- 
tion and  healthful  training,  is  the  Illinois  idea  that  is  being  carried  out  at 
Stateville,  the  site  of  the  new  institution  which  will  soon  take  the  place  of 
the  old  Joliet  penitentiary. 

Illinois  insists  that  prison  management  should  not  only  concern  itself 
with  the  safe  and  secure  custody  of  prisoners,  but  also  with  giving  such 
treatment  and  training  while  they  are  in  prison  as  will  make  it  possible  to 
release  them  as  fit  subjects  to  return  to  society,  no  longer  criminals  or  a 
menace  to  the   cominunity  in  which  they  may  live. 

Inasmuch  as  most  of  those  committed  to  prison  must,  under  the  law,  be 
returned  to  society  after  a  period  of  a  few  years,  it  is  in  the  interest  of  pub- 
lic welfare  that  the  fact  be  recognized  that  the  time  spent  in  prison  either 
makes  men  better  or  worse,  and  that  they  will  be  made  worse  unless  with 
the  aid  of  adequate  prison  construction,  those  charged  witK  the  respon- 
sibility of  prison  management,  may  have  the  opportunity  to  not  only  teach 
them  habits  of  industry,  but  to  instruct  and  train  them  to  become  depend- 
able and  capable  of  good  citizenship. 

The  new  prison,  as  it  is  being  constructed,  provides  for  safe  and  secure 
custody,  and  it  also  provides  for  the  operation  of  the  Progressive  Merit 
System  that  gradually  and  systeinatically  assists  in  the  development  of 
stable  character. 

It  is  no  longer  thought  necessary  or  wise  to  build  a  cell  house  or  cell 
houses  for  an  entire  prison  population  strong  and  secure  enough  to  prevent 
by  merely  physical  means,  the  escape  of  those  classified  as  the  most  des- 
perate, but  rather  to  build  a  series  of  cell  houses  which  provide  a  varying 
degree  of  restraint  so  that  as  progress  is  made  the  merit  sj^stem  and  stable 
character  develops,  prisoners  can  gradually  be  placed  more  and  more  upon 
their  own  responsibility  until  it  is  demonstrated  that  they  are  capable  of 
self-control.  Then  it  can  be  reasonably  expected  that  they  will  be  better 
citizens  than  before  commitment  and  safe  to  be  released  under  the  pro- 
visions of  the  law. 

Close  observation  of  men  leaving  prison  justifies  the  conclusion  that  it 
is  not  conducive  to  good  results  to  release  inen,  even  upon  parole,  direct 
from  confinement  in  the  ordinary  cell,  and  from  the  usual  prison  regulations 
enforced  to  govern  and  control  the  most  vicious  or  desperate  class,  and  in- 
cidentally applied  to  the   entire   population. 

It  is  found  that  without  preparation  before  leaving  prison,  men  cannot 
always  adapt  themselves  to  this  sudden  and  decided  change  of  condition, 
and  assert  themselves  as  good  citizens.  In  realit}^,  they  are  no  better  than 
when  committed.  Their  experience  in  prison  may  have  embittered  them 
and  consequently  made  them  more  of  a  menace  to  societj'  than  before. 

Many  have  never  known  anj^  other  than  the  vicious  side  of  life,  and 
not  having  been  instructed  and  given  the  correct  viewpoint  of  life  or  trained 
while  in  prison,  as  thej^  might  be,  thej^  do  not  know  how  to  use  their  sud- 
denly acquired  freedom  except  to  resort  to  crime  again,  in  spite  of  the  fact 
that  upon  leaving  prison  they  may  have  had  a  sincere  desire  to  avoid  re- 


27 

commitment  to  the  prison.  Because  of  their  inexperience,  they  are  unable 
to  adapt  themselves  to  right  living,  as  they  are  expected  to,  so  sooner  or 
later  the  desire  they  had  entertained  becomes  merely  a  determination  not 
to  be  caught  again,  if  with  their  distorted  viewpoint  of  life  they  somewhat 
naturally  drift  back  into  crime.  They  are  caught  again,  but  perhaps  not  un- 
til much  damage  has  been  done. 

Ninet}'  percent  of  those  committed  to  the  state  penitentiary  at  Joliet 
have  never  served  time  in  a'  penal  institution  before,  but  probably  their 
commitment  there  had  been  preceded  by  several  years  of  reckless,  vicious 
living  that  smothered  all  good  inclinations.  The  Illinois  idea  in  the  con- 
struction of  Stateville  is  to  provide  facilities  to.  properly  prepare  them  for 
release  at  the  time  when  the  law  says  they  must  or  may  go  out  and  assume 
the  rights  and  duties  of  citizenship.  Prisoners  should  as  a  means  of  prep- 
aration for  that  time  be  instructed,  trained,  and  their  better  inclinations 
aroused  so  that  they  will  have  not  only  a  full  realization  of  such  a  re- 
sponsil)lity,  but  will,  with  stable  character,  be  capable  of  discharging  any 
obligation  they  might  be  called  upon  to  assume. 

PRISON  PLANS  AND  AlERIT  SYSTEM 

In  order  to  carry  out  this  idea  of  prison  management,  the  new  prison 
at  Stateville  is  planned  and  is  being  constructed  v/ith  facilities  that  make 
it  possible  to  produce  good  results  along  these  lines.  The  new  prison  is 
located  practically  in  the  center  of  the  2200  acre  tract  of  land.  Sixty-four 
acres  are  enclosed  within  a  wall  thirty-two  and  a  half  feet  high  with  obser- 
vation towers  at  each  corner.  The  ground  space  thus  enclosed  is  effectively 
divided  into  four  sections  by  covered  passageways  connecting  the  various 
buildings.  The  entire  west  end  of  this  space  is  thus  set  apart  as  the  indus- 
trial section.  The  only  entrance  to  the  prison  besides  the  one  through  the 
administration  building  is  the  wagon  and  railroad  gate  which  opens  into  the 
service  yard  of  the  industrial  section. 

The  north-east  quarter  of  the  balance  of  space  is  occupied  as  a  hospital 
section  with  buildings  suitable  for  hospital  purposes  as  well  as  psychopathic 
and  research  work,  and  open  ground  space  for  the  recreation  of  conva- 
lescent patients  as  well  as  those  under  observation  of  the  mental  health 
officers. 

Two  other  sections  within  the  walled  enclosure  are  known  as  number 
one  and  number  two,  and  are  for  housing  purposes.  Section  number  three, 
also  for  housing  purposes,  occupies  a  space  of  fifteen  acres  just  outside  the 
east  wall;  this  section  is  enclosed  by  an  appropriate  fence.  The  farm 
colony,  some  distance  from  the  prison  proper,  is  looked  upon  as  section 
number  four.  Opportunity  is  thus  provided  for  prisoners  making  progress 
under  the  rules  and  regulations  adopted  to  govern  the  activities  of  the 
Progressive  Merit  System  to  advance  gradually  from  section  one  to  section 
four,  which  is  the  farm,  where  the}'  may  be  looked  upon  as  fit  subjects  for 
parole  or  release  if' the}'  maintain  their  grades  there  a  required  length  of 
time. 

As  indicated  before,  the  housing  facilities  or  rather  what  is  generally 
known  as  cell  houses,  in  these  four  sections,  offer  a  varying  degree  of  re- 
straint which  will  be  described  in  other  paragraphs. 

After  new  prisoners  are  received  in  the  usual  way  in  tlie  administration 
building,  their  pictures  and  measurements  are  taken.  Tiiey  then  go  direct 
to  the  hospital  section  for  examination  by  a  physician  and  mental  health 
ofiicers.  Some  prisoners  may  he  lield  for  continued  observation  and  treat- 
ment indefinitely,  but  ultimately,  or  as  soon  as  the  physician's  reports  on 
their  physical  and  mental  conditions  indicate  that  they  are  fit  subjects  to  be 
assigned  to  work,  they  are  passed  on  to  housing  section  number  one  where 
the  Progressive  Merit  System  starts  to  operate. 

The  mental  and  physical  qualifications  of  each  are  taken  into  considera- 
tion and  a  work  program  is  decided  upon  which  in  the  judgment  of  a  staff 
that  operates  the  system,  will  be  most  conducive  to  a  proper  development  of 
mind  and  body.  The  most  radical  difference  between  the  new  Illinois  prison 
and  all  other  modern  institutions  is  in  the  design  of  the  housing  arrange- 
ments  commonly  called   cell   houses.     Alany   other   differences    exist   in   the 


28 

general  plan  as  well  as  in  the  details  of  design  and  construction,  but  the 
most  pronounced  departure  from  the  usual  practices  of  prison  design  is  in 
the  conditions  and  surroundings  of  the  housing  accommodations. 

In  the  customary  type  of  cell  house,  the  combining  of  security  with 
healthful  surroundings,  seems  not  to  have  been  very  successfully  done. 
Where  effort's  have  been  made  to  provide  the  utmost  physical  security,  such 
as  the  old  inside  cell  blocks  of  Sing  Sing  and  Joliet,  the  cells  have  been  far 
from  healthful;  on  the  contrary,  all  inside  cell  accommodations  have  been 
shown  to  be  decidedly  unhealthful. 

Where  efforts  have  been  made  to  provide  sunlight  and  air  by  the  use  of 
outside  cells  with  windows,  the  impossibility  of  supervision  has  caused  these 
more  beneficial  forms  of  buildings  to  be  called  unsafe,  and  in  consequence, 
outside  cells  have  not  been  generally  adopted  for  penitentiarj-  construction. 

PROVIDES  SECURITY  AND  HEALTHFUL  CONDITIONS 

The  peculiaritj'  of  the  design  of  the  Illinois  housing  buildings  provides 
both  the  security  and  the  healthful  cell  or  room.  The  building  is  circular 
and  the  complete  interior  of  the  cells,  which  are  upon  the  outside  wall  or  the 
circumference  of  the  circle,  is  visible  at  all  times  from  the  central  supervi- 
sorj^  point  at  which  a  guard  may  be  stationed.  The  complete  and  efficient 
supervision  which  this  design  affords  removes  all  danger  of  providing  a 
large  outside  window  in  every  cell.  It  makes  possible  this  privilege,  so  to 
speak,  for  the  reason  that  opportunity  does  not  exist  for  the  prisoner  to 
abuse  it. 

It  very  naturally  follows  that  since  the  air  supply  and  ventilation  is  now- 
available  through  an  outside  window,  it  is  no  longer  necessary  to  emploj' 
the  use  of  the  usual  open  bars  as  a  prison  cell.  The  front  of  the  cell  may  be 
largely  of  glass,  which  arrangement  provides,  for  the  first  time,  the  individu- 
ality and  privacy  of  a  room  rather  than  the  openness  and  publicity  of  a  cage. 

In  view  of  the  circular  form  of  the  housing  buildings,  and  the  fact  that 
all  cells  radiate  toward  and  face  the  central  point,  there  is  no  incentive  for 
an  inmate  to  attempt  escape  in  this  direction  as  he  would  only  expose  him- 
self to  a  precarious  position,  in  full  view  of  his  attendants.  This  feature 
obvioush'  renders  unnecessary  -the  usual  prison  bars  of  which  all  ordinarj- 
cell  fronts  are  constructed.  Unoflfensive  but  strong  doors  of  steel  and  glass 
are  therefore  used  in  the  cell  fronts  of  the  new  buildings. 

Thus  for  the  first  time,  an  inmate  has  a  room  instead  of  a  cage  and  his 
surroundings  are  capable  of  all  the  individuality  he  may  be  able  to  exercise. 
Each  cell  has  its  full  quota  of  sunlight  also.  The  sun  shines  directly  into 
all  of  the  windows  on  the  east,  west,  and  south  positions  of  the  circle,  while 
a  specially  shaped  skylight  upon  the  roof  of  the  building  permits  the  sun  to 
shine  directly  into  the  glass  fronts  of  all  the  cells  on  the  north  side  of  the 
building. 

These  healthful  surroundings,  coupled  with  the  utmost  security,  are 
descriptive  of  the  design  of  the  two  units,  having  248  cells  each  in  the  num- 
ber one  section,  and  the  same  type  of  building  is  largely  used  in  the  section 
number  two  division  later  described,  although  certain  changes  in  actual  cells 
or  rooms  provide  for  a  varying  degree  of  restraint  commensurate  with  the 
progress  of  the  prisoner. 

The  principle  of  efficient  supervision  is  the  keynote  of  the  entire  design 
of  the  prison  and  the  elimination  of  unhealthful  conditions,  which  were 
formerly  supposed  to  be  necessary-  for  the  sake  of  security,  is  what  con- 
tributes most  to  the  successful  operation  of  the  Progressive  Merit  System. 

While  in  section  number  one,  prisoners  are  kept  under  close  supervi- 
sion and  are  given  no  responsibilities.  The  cell  houses  in  this  section  are 
the  "strongholds'  of  the  prison,  the  supervision  exercised  is  intended  to 
reveal  the  natural  or  vicious  tendencies  of  each  so  as  to  enable  the  officials 
to  decide  upon  the  sort  of  treatment  or  training  that  will  most  likely  pro- 
mote habits  of  industry  and  tend  toward  the  development  of  such  character 
as  permits  of  progress  under  the  merit  sj'stem. 


29      • 

Prisoners  are  advanced  to  section  two  when  they  have  demonstrated 
their  ability  to  assume  some  responsibilities  or  there  is  reasonable  assur- 
ance that  they  will  continue  to  progress  through  the  system  and  gradually 
become  more  and  more  dependable. 

Only  when  a  prisoner  has  demonstrated  his  utter  inability  to  progress 
and  improve  does  he  remain  for  any  extended  time  or  perhaps  continuously 
in  section  one. 

GRADUAL  ADVANCEAIEXT  UNDER  THE  SYSTEM 

The  varying  degree  of  restraint  which  is  such  an  important  factor  in 
preparing  the  subject  for  his  re-cntrance  into  society,  is  as  pronounced  in 
his  surroundings  as  it  is  in  the  matter  of  his  treatment  and  discipline.  The 
cell  houses  of  section  two  are  therefore  diversified  in  character.  Provision 
is  made  for  group  cells,  where  those  who  would  thrive  best  under  associa- 
tion and  companionship  may  have  that  privilege.  The  rooms  vary  in  capac- 
ity, accommodating  from  three  to  six  men,  and  the  atmosphere  of  a  prison 
cell  is  entirel}^  eliminated. 

A  large  percent  of  the  prisoners  are  eligible,  under  the  law,  for  a  hear- 
ing before  the  Division  of  Pardons  and  Paroles  when  they  have  served  one 
year.  At  that  hearing  the  division  decides  upon  the  length  of  time  each 
shall  serve.  Comparatively  few  are  paroled.  Those  who  are,  have  had 
opportunity  under  the  Progressive  Merit  System,  to  prepare,  so  that  they 
can  readily  adapt  themselves  to  right  living.  Those  who  may  be  required 
by  the  division  to  serve  a  term  of  years,  continue  under  training,  and  ad- 
vance ultimately  into  section  three,  and  then,  possibly,  into  section  four. 
The  chances  are  that  those  who  are  required  to  serve  a  term  of  years  are 
the  ones  who,  for  the  final  good  of  the  community,  as  well  as  for  their  own 
future  welfare,  need  an  extended  course  of  training  to  overcome  the  effects 
of  a  previous  criminal  career,  which  probably  was  the  result  of  a  lack  of 
proper  training  at  a  time  in  life  when  it  might  have  been  the  means  of  pre- 
venting such  a  career. 

The  Division  of  Pardons  and  Paroles,  while  considering  all  cases,  has 
the  benefit  of  the  results  of  the  operation  of  the  Progressive  Merit  System, 
and  the  opportunity  afforded  by  the  type  of  construction  of  Stateville,  to 
classify  the  prisoners  according  to  their  needs  and  abilities,  and  can,  there- 
fore, pass  more  intelligently  upon  them  than  ever  before. 

The  buildings  of  section  three  resemble  a  college  dormitory  system  in 
many  respects.  The  general  atmosphere  and  character  of  supervision  at 
this  period  of  the  inmates'  progress  is  still  that  of  firmness  but  carrying 
with  it  a  spirit  of  extreme  fairness.  The  cottages  themselves  have  both 
dormitories  and  rooms  in  about  equal  proportion.  Each  cottage  houses 
fifteen  men,  and  provides  the  necessary  bath,  toilet,  and  wardrobe  facilities, 
together  with  a  large  day  or  living  room.  Twelve  of  these  cottages,  together 
with  two  central  dining  hall  buildings  compose  the  section  three  group. 

This  section  gives  prisoners  a  splendid  opportunity  to  demonstrate 
their  reliability  as  responsibilities  are  placed  on  them  while  they  are  yet 
under  supervision  and  training.  They  learn  how  to  adapt  themselves  to 
community  life  and  respect  the  rights  of  others  while  enjoying  their  own 
rights  as  decent  law-abiding  men. 

It  may  take  several  years  for  some  prisoners  to  reach  this  point;  l)Ut 
when  they  do,  they  will  have  had  a  training  that  will  remove  them  from 
the  class  that  are  a  menace  to  society;  and  their  commitment  to  prison  will 
have  served  a  good  purpose. 

Section  four — "the  farmer's  colony" — is  another  section  of  Stateville 
that  is  important,  in  that  it  furnishes  prisoners  an  opportunity  to  make 
still  further  progress  under  the  merit  system. 

Their  work  there  is  supervised  as  a  farmer  directs  the  work  on  a  large 
farm  (otherwise  they  are  on  their  own  responsibility)  except  that  thej'  are 
required  to  obey  the  rules  of  the  place  as  they  will  be  expected  to  obey  the 
laws  of  the  state  when  finally  released. 


30 


It  should  be  kept  in  mind  that  practically  all  who  are  committed  to  prison 
must   be    released,   according   to    the    statutes,   after    having    served     either 
a  short  or  long  term  of  years,  and  consequently,  much   thought,  attention 
and  effort  should  be  given   to  the  possibility  of   returning  them  to   societv 
as  good  citizens.  ^ 

Illinois  is  doing  this  in  the  operation  of  the  Progressive   Merit  Svstem 
and  the  construction  of  Stateville. 


31 


AFTER  CARE 

[By  Will  Colvin,  Superintendent  of  Division  of  Pardons  and  Paroles.] 

Note:  Years  of  experience  in  the  administration  of  the  parole  law  of  the  state  of  Illinois 
has  brought  to  the  Superintendent  of  the  Division  of  Pardons  and  Paroles  of  the  Department  of 
Public  \\'elfare,  the  conviction  that  the  essential  feature  of  this  law  is  the  care  and  supervision 
of  these  wards  of  the  state  after  they  have  been  released  upon  parole.  Accordingly  he  has 
worked  out  a  system  of  "after  care."  At  the  forty-ninth  annual  conference  of  the  American 
Prison  Association  held  in  New  York  City,  October  20-24,  1919,  this  plan  was  presented  by  Mr. 
Colvin.  It  received  close  attention  and  was  pronounced  to  be  the  most  workable  in  operation  in 
the  various  states  of  the  Union,  and  has,   since  that  time,   been  adopted   by  some  of  them. 


Experience  brings  to  me  a  realization  that  the  real  strength  behind 
every  parole  lies  in  the  care  and  supervision  that  is  exercised  over  the 
parolee  after  being  released  from  incarceration. 

Throughout  all  the  twenty-four  years  that  a  parole  law  has  been  in  oper- 
ation in  Illinois,  after  care  and  supervision  have  been  a  farce  and  a  joke. 

In  July,  1917,  Illinois  made  a  meager  start  towards  giving  the  after  care 
and  supervision  that  all  persons  should  have  while  upon  parole.  Through- 
out the  years  from  1895  to  1917  the  great  state  of  Illinois  employed  but  nine 
parole  agents  to  look  after  some  2,000  persons  upon  parole.  Two  of  these 
agents  worked  out  of  Chester  penitentiary,  two  worked  out  of  the  Pontiac 
reformatory  and  five  worked  out  of  the  Joliet  penitentiary.  These  nine 
parole  agents  up  to  Julj'^  1,  1917,  worked  under  the  direction  of  the  warden 
of  the  individual  institutions.  I  have  actually  seen  a  parole  agent  from 
each  of  the  three  institutions  in  the  city  of  Springfield  on  the  same  day, 
each  to  visit  a  person  upon  parole  from  the  institution  that  agent  repre- 
sented. 

NOT  ENOUGH  PAROLE  AGENTS 

An  insufficient  number  of  agents  in  the  first  place  spent  their  time 
in  traveling  about  the  state.  One  parole  law  in  Illinois  governs  all  its 
institutions.  One  agent  could  have  looked  after  everybody  upon  parole  in 
Springfield  or  Sangamon  county  and  have  saved  the  expense  of  travel  and 
loss  of  time  that  might  have  been  more  profitably  spent. 

Chester  and  Pontiac,  each  had  six  to  eight  hundred  persons  upon  parole 
scattered  all  over  the  state.  Proper  care  and  supervision  of  such  a  large 
number  could  not  be  given  by  the  two  agents  emploj^ed  at  Chester  and  the 
two  employed  at  Pontiac.  The  job  was  so  big  that  they  sank  down  under 
its  weight.  The  result  was  that  they  did  little  more  than  sit  at  home  and 
await  orders  from  the  warden  to  go  here  or  there  and  return  some  person 
who  had  been  arrested,  usuall}'  in  another  state,  for  a  violation  of  his  or 
her  parole. 

The  hundreds  upon  parole  went  for  weeks  and  months  and  the  months 
stretched  into  a  year  and  more,  expecting  a  parole  agent  to  visit  them.  It 
is  little  wonder  that  many  slipped  and  failed.  It  is  little  wonder  that  they 
drifted  into  other  states  and  into  other  institutions,  from  which  we  are 
now  returning  them.  It  is  not  infrequent  or  unusual  now  to  find  a  man 
returned  to  Chester  or  Joliet  who  has  been  gone  from  fifteen  to  twenty 
years.  Many  of  them  have  told  me,  as  I  have  come  in  contact  with  them  in 
the  past  five  years,  that  they  never  saw  a  parole  agent  during  the  time  thej' 
were  upon  parole  and  that  they  did  not  know  wliat  was  expected  of  them 
when  paroled  frorA  the  institution.  I  believe  many  are  speaking  honestly 
when  they  say  they  thought  thcj^  had  completed  their  paroles  before  they 
left  the  state. 

PRESENT    SYSTEM    ADEQUATE 
For  the  first  time  in  its  history  Illinois   now   has  a  parole  department 
that  begins  to  assume  adequate  proportions  for  the  after  care  and  supervi- 
sion of   its  unfortunates  who  go  out  of  its   penal   institutions   upon   parole. 
The  general  assembly  in  the  early  part  of  1919  gave  the  Division  of  Pardons 


32 

and  Paroles  twenty  parole  agents  and  an  appropriation  of  $194,000.00  with 
which  to  pay  salaries  and  traveling  expenses.  "Under  the  new  Civil  Admin- 
istrative Code,  which  became  operative  in  Illinois  in  Juh-,  1917,  the  conduct 
of  all  the  charitable  and  penal  institutions  was  placed  under  one  manage- 
ment for  the  first  time.  More  than  one  hundred  individual  boards  and 
commissions  were  wiped  out  and  to  take  their  place  came  into  being  nine 
departments,  one  of  which  is  the  Department  of  Public  Welfare.  Instead  of 
the  penitentiaries  at  Joliet  and  Chester,  the  reformatory  at  Pontiac  and 
industrial  schools  at  St.  Charles  and  Geneva  being  under  the  separate  con- 
trol of  a  board  of  managers  or  trustees  for  each,  all  are  now  directly  man- 
aged by  the  Department  of  Public  Welfare.  The  Civil  Administrative  Code 
made  it  possible  to  correlate  and  divide  the  prison  wor'-c  into  proper  classifi- 
cations. The  Division  of  Pardons  and  Paroles  not  onK'  does  the  pardon  and 
parole  work  of  the  state  but  it  also  directs  the  work  of  all  the  parole  agents. 

CARD  INDEX   EVERY  INMATE 

A  card  index  has  been  made  for  every  inmate  in  the  penal  institutions. 
When  that  inmate  goes  upon  parole  a  duplicate  of  the  card  is  made  and 
placed  in  the  county  file.  Eventually  a  card  for  every  inmate  from  Joliet, 
Pontiac  and  Chester  finds  its  place  in  the  county  file.  When  a  parole  agent 
covers  a  count}'  the  card  index  acts  as  an  assignment  to  him.  The  index 
card  tells  him  where  the  person  is  upon  parole,  the  name  of  the  sponsor, 
the  place  where  the  parolee  is  employed,  something  about  the  crime,  and 
the  character  of  the  parolee. 

Under  the  system  which  had  been  in  vogue  for  many  years  it  was  neces- 
sary for  the  two  parole  agents  working  out  of  Chester  for  instance,  to  go 
to  the  institution,  search  around  through  the  books  and  records,  ascertain 
where  the  inmates  w'cre  upon  parole  and  if  the  parole  agent  was  industrious 
enough  he  made  a  few  pencil  notes  to  guide  him  in  calling  upon  a  few  of  the 
parolees  here  and  there. 

There  is  a  vast  difference  between  that  system  and  the  one  now  so 
successfully  in  operation.  With  a  specific  assignment  to  see  thirty  or  forty 
or  more  men  upon  parole  in  a  county,  some  from  the  penitentiaries  and 
some  from  the  reformatory,  an  agent  will  see  all  of  them  and  make  a  report. 

EVERY  PERSON  ON  PAROLE  NEEDS  HELP 

It  has  been  my  experience  that  almost  every  person  upon  parole  needs 
all  the  help  and  advice  that  can  be  given  by  the  agent.  Many  persons 
upon  parole  are  weak  mentally.  They  become  dissatisfied  with  conditions 
of  emploj'ment.  Possibh-  if  paroled  upon  a  farm  they  get  the  idea  that  they 
are  mistreated  because  probably  they  don't  get  as  much  milk  or  as  much 
meat  as  thej'  think  they  should  be  given.  They  w'ill  suffer  under  their 
fancied  or  real  wrongs,  and  sometimes  the  wrongs  are  real,  for  a  period  of 
time  and  they  usually  will  leave  their  employment  and  their  places  of  living 
unless  a  sensible  agent  reaches  them  in  time  and  keeps  them  braced  up. 
The  most  dilificult  period,  I  am  convinced,  is  the  first  month  or  two  that  the 
person  is  upon  parole.  If  he  can  weather  the  storm  for  thirty,  sixt}'  or 
ninety  days  the  chance  to  do  the  parole  successfully  and  readjust  himself 
in  right  living  is  greatly  bettered.  The  bulk  of  failures  in  Illinois,  I  am 
convinced,  occur  in  the  main,  during  the  first  few  months  after  the  person 
comes  out  of  the  institution. 

TEN  PAROLE  DISTRICTS 

Since  the  first  of  July  of  this  year,  with  adequate  facilities  to  do  the 
real  work  of  after  care  and  supervision,  the  state  has  been  divided  into 
ten  parole  districts.  District  No.  1  includes  the  great  city  of  Chicago  and 
the  counties  lying  adjacent  to  it.  Some  eight  or  ten  counties  comprise 
each  of  the  other  nine  districts  outside  of  Chicago.  One  agent  is  per- 
manently assigned  in  each  of  the  ten  districts  and  that  agent  has  a  per- 
manent headquarters  in  his  individual  district  where  he  can  quickly  be 
reached  either  by  mail,  telephone  or  telegraph.     The  last  general  assembly 


33 

in  Illinois  also  provided  for  the  first  time,  what  we  term  a  parole  supervisor 
for  Joliet,  Pontiac  and  Chester.  The  parole  supervisor  works  continuously 
at  the  individual  institution  and  he  onlj'  looks  after  the  parole  work. 

In  the  past  four  months  we  have  been  able  to  perfect  a  real  organization 
in  the  parole  department.  There  is  a  chief  parole  agent  and  an  assistant 
chief  parole  agent.  The  latter  has  charge  of  the  work  in  the  Chicago  dis- 
trict. In  four  months  the  organization  has  been  so  perfected  that  a  com- 
plaint from  the  most  remote  part  of  the  state  is  in  the  hands  of  the  agent 
in  the  district  it  relates  to  within  twenty-four  or  thirty-six  hours.  Under 
our  new  system  we  lose  no  time  in  getting  after  and  investigating  the  re- 
ports and  complaints  that  come  to  us. 

PRESENT    PAROLE    AGENTS    HIGH    CLASS    MEN 

It  gives  me  pleasure  at  this  time  to  say  a  word  about  the  character  of 
the  twenty  agents  now  in  the  employe  of  the  parole  department.  I  doubt 
if  a  better  class  of  men,  taken  as  a  whole,  ever  made  up  an  organization. 
Our  agents  have  been  schooled  and  made  proficient  in  the  work  they  are 
doing.  They  understand  what  is  expected  of  them  by  the  Division  of  Par- 
dons and  Paroles.  Every  man  in  the  parole  department  has  a  real  interest 
in  his  work.  Dealing  in  the  lives  and  liberties  of  human  beings  develops 
a  real  interest.  The  men  in  the  parole  department  in  Illinois  do  not  punch 
the  time  clock.  They  work  early  and  late,  night  and  day,  Sunday  and  every 
day.  I  don't  know  why  it  should  be  so.  It  is  explainable  to  me  only  by 
the  deep  interest  they  take  in  their  work.  The  parole  agent,  unless  he  can  be 
deeply  interested  in  the  problems  that  daily  arise,  is  no  good  and  of  no  force. 

NEWSPAPERS    "PLAY"   THE   EXCEPTION 

The  great  city  of  Chicago  and  the  great  county  of  Cook  have  about  two- 
fifths  of  the  state's  population.  It  is  there  that  we  have  our  greatest  diffi- 
culties. Betterments  and  real  accomplishments  never  savor  of  the  sen- 
sational. In  consequence  all  of  the  good  work  that  may  be  done  is  of 
no  interest  to  the  great  metropolitan  press  in  the  city  of  Chicago.  The 
faihrres  attract  their  attention.  It  is  of  no  interest  to  the  Chicago  newspaper 
that  ninety-men  out  of  one  hundred  paroled  are  living  upright  lives.  They 
give  their  attention  to  the  eiglit  or  ten  out  of  each  one  hundred  paroled 
who  fail  and  are  either  returned  as  parole  violators  or  upon  new  sentences. 
Their  interests  lie  more  in  the  sensational  stories  than  in  the  public  welfare." 

I  want  to  give  j^ou  an  illustration  of  this.  Since  the  first  of  July  of 
this  j^ear  the  Division  of  Pardons  and  Paroles,  working  in  co-operation 
with  the  police  department  of  the  city  of  Chicago,  eliminated  the  drag  net. 
The  drag  net  was  a  system  that  could  only  be  calculated  to  make  real  crim- 
inals every  year  out  of  some  one  hundred  to  two  hundred  persons  who  were 
trying  to  do  a  parole  in  Chicago.  But  that  is  of  no  interest  to  the  Chicago 
newspapers.  Although  their  pro])lems  were  the  same,  for  more  than  twenty 
years  the  paroling  authorities  of  the.  state  and  the  representatives  of  the 
police  department  in  Chicago  never  so  much  as  met  upon  a  friendly  ground 
or  in  conference.  Earlj^  in  the  year  1919  the  police  department  in  the  city 
of  Chicago^  which  is  presided  over  by  Mr.  John  J.  Garrit}-  as  chief,  and  the 
members  of  the  Division  of  Pardons  and  Paroles,  met  upon  a  friendly  ground 
and  worked  out  a  scheme  of  co-operation.  The  basis  of  that  scheme  is 
merely  this  :  If  any  man  is  committing  crime  while  upon  parole  the  parol- 
ing authorities  are  as  anxious  to  have  him  back  in  prison  as  the  members 
of  the  police  force  are  to  send  him  back.  If  the  man  is  making  a  real 
effort  to  live  an  upright  life  and  readjust  himself  in  society,  under  this 
scheme  of  co-operation,  it  is  made  the  duty  of  all  police  officers  in  Chicago 
to  assist  him  and  give  him  the  chance  that  he  should  have. 

SUCCESSFUL    CO-OPERATION 

It  has  been  a  task  of  some  magnitude  to  make  men  going  upon  parole 
understand  and  realize  that  they  can  and  must  look  upon  police  officers 
as  friends.  I  assume  it  has  been  a  task  of  equal  magnitude  for  Chief  Gar- 
rity  in  Chicago  to  make  the  officers  understand  that  men  upon  parole  must 


34 

not  wantonly  be  arrested  and  thrown  into  the  jails  merely  upon  suspicion.. 
Similar  co-operation  to  that  which  has  been  brought  about  in  Chicago  be- 
tween the  police  and  paroling  authorities  has  been  worked  out  with  the 
police  departments  in  the  larger  cities  of  Illinois,  including  Peoria,  Spring- 
field, Rock  Island  and  East  St.  Louis.  When  men  go  upon  parole  in  these 
towns  they  are  required  at  once  to  call  upon  the  chief  of  police.  Some  here 
may  be  skeptical  as  to  the  success  of  co-operation  of  this  character.  I  was 
at  the  outset.  But  for  ten  months  I  have  seen  the  result  and  know  the  ac- 
complishments. The  friendship  of  the  chief  of  police  to  a  man  who  is 
honestly  making  an  effort  to  redeem  himself  while  upon  parole  is  the  great- 
est help  the  parolee  can  have.  So  long  as  the  chief  of  police  knows  where 
the  parolee  is  working  in  the  day  time  and  sleeping  at  night,  that  parolee 
is  safe  not  only  from  the  drag  net  but  also  from  the  vicious  tactics  of  many 
old  time  police  officers,  who  believe  there  can  be  no  good  in  any  man  coming 
out  of  prison. 

In  the  Chicago  office  of  the  parole  department  six  sergeants  of  police 
are  assigned  bj'  Chief  Garrity  to  assist  the  six  parole  agents.  These  six 
sergeants  of  police  know  where  every  man  upon  parole  in  the  city  of  Chi- 
cago is  employed  in  the  day  time  and  they  know  where  he  sleeps  at  night 
The  man  upon  parole  must  be  at  his  living  place  not  later  than  10  o'clock 
at  night.  If,  in  the  opinion  of  the  police  department,  the  place  of  living 
is  not  conducive  to  the  welfare  of  the  parolee,  he  is  required  to  move  into 
quarters  more  suitable  to  his  well  being.  With  this  close  supervision  men 
upon  parole  cannot  commit  crimes  without  being  caught  and  in  that  lies 
protection  to  the  men  upon  parole  who  want  to  do  right.  It  has  taken  ten 
months  of  hard  work,  pounding  and  driving,  to  make  men  who  are  going 
out  of  Joliet  prison  into  the  city  of  Chicago  to  do  their  parole,  understand 
the  benefits  of  the  new  system.  The  six  police  sergeants  assigned  by  Chief 
Garrity  to  assist  the  parole  agents  are  real  men.  They  are  in  sympathy 
with  what  we  are  trying  to  accomplish.  The  old  system  of  arresting  men 
upon  parole  without  just  cause  has  gone — it  is  my  fervent  wish — never  to 
return. 

DRAG   NET   ABOLISHED 

Whenever  a  man  upon  parole  is  taken  into  custody  and  incarcerated 
in  one  of  the  police  stations  in  the  city  of  Chicago,  the  parole  office  is 
notified  at  once  and  investigation  is  made  immediately;  jointly  by  a  parole 
agent  and  one  of  the  sergeants  of  police.  These  officers  jointly  report  the 
result  of  their  investigation  to  Chief  Garrity.  If  the  parolee  has  been 
arrested  without  cause  he  is  immediately  released  by  orders  of  the  chief 
and  within  a  few  hours  is  back  at  his  work.  Under  the  drag  net  which 
operated  in  Chicago  for  many  years,  it  was  not  unusual  for  two  hundred 
persons  upon  parole  to  be  taken  into  custody  in  one  night,  "upon  suspicion," 
but  more  frequently  to  appease  a  public  clamor  for  the  arrest  of  perpetra- 
tors of  crimes.  Often  they  were  held  for  many  days,  finally  being  turned 
out  without  being  booked  or  without  a  charge  ever  being  placed  against 
them  upon  the  records. 

Let  rne  repeat  that  this  great  public  good  to  the  welfare  of  hundreds 
of  human  beings — the  end  of  the  drag  net — is  of  no  interest  to  the  great 
press  of  the  city  of  Chicago.  But  the  fact  that  a  municipal  court  judge 
in  Chicago  just  the  other  day  remarked  from  the  bench,  that  the  parole 
board  ought  to  be  censored  for  releasing  the  unfortunate  who  was  then 
before  him,  was  sufficient  to  get  large  black  headlines  in  some  of  the  Chi- 
cago newspapers.  That  unfortunate  had  served  two  years  in  the  Pontiac  re- 
formatory. He  had  gone  on  parole  earh^  in  the  year  1918  and  he  had  vol- 
untarily joined  the  army  in  the  defense  of  his  country.  In  May  of  this 
year  he  returned  and  was  before  the  great  jurist  sitting  in  the  muncipal 
court  of  Chicago  on  a  charge  of  vagrancy.  He  had  not  worked  since  his 
return  and  his  discharge  from  the  army.  That  was  a  heinous  offense  and 
the  jurist  sent  him  to  the  bridewell  for  ninety  days  for  vagrancy.  He  criti- 
cized the  parole  board  that  released  him.  I  can  only  say  to  the  jurist  that 
neither  incarceration  nor  parole  will  make  an  industrious  person  out  of  the 
idler  or  possibly  the  mentally  deficient. 


35 

Then  on  the  14th  day  of  July,  1919,  there  came  before  the  pardon  board, 
sitting  in  Springfield,  a  young  man  who  told  a  rather  distressing  story 
about  the  wrongful  incarceration  in  the  Chicago  bridewell  of  a  boy 
20  years  of  age,  upon  a  vagrancj'  charge.  He  stated  the  boy  had  been 
arrested  by  two  new  police  officers.  They  took  him  to  the  municipal  court 
and  charged  him  with  vagrancy.  He  said  that  because  of  the  great  grind 
of  work  in  that  big  court  with  its  thousands  of  cases  to  look  after  each  year. 
there  was  not  time  to  investigate  the  case.  He  said  the  word  of  the  police 
officers  was  taken.  He  said  the  boy  was  not  given  an  opportunity  to  send 
for  his  friends  or  relatives  and  it  was  impossible  for  him  to  show  that  he 
had  bona  fide  employment  as  the  manager  of  a  business  owned  by  one  of  his 
relatives.  But,  he  said,  "the  boy  is  in  the  bridewell  and  we  who  are  inter- 
ested in  him  must  come  here  and  ask  the  governor  for  executive  clemency 
and  a  pardon.    Three  months  out  there  may  be  the  ruination  of  him." 

COOK  COUNTY  THE  ONLY  BATTLEGROUND 
I  inquired  the  name  of  the  judge  who  had  sent  a  boy  to  the  bridewell 
for  ninety  days  on  a  vagrancy  charge  without  ascertaining  all  the  facts  and 
circumstances.  I  was  not  surprised  when  he  named  the  same  judge  who 
only  a  few  days  before,  in  his  eagerness  for  newspaper  notoriety  had  criti- 
cized the  parole  of  a  boj'^  out  of  Pontiac,  who  had  served  his  country  in 
France  and  whose  offense  now  was  in  the  fact  that  he  had  not  worked  since 
he  came  back  in  May  of  this  year.  We  have  these  discouragements  only 
in  the  great  city  of  Chicago.  In  the  101  counties  outside  of  Cook  the  parole 
law  and  its  administration  has  the  commendation  of  the  people,  public 
officials   and  the  newspapers. 

Possibly  you  wonder  why  I  call  attention  to  criticisms  of  the  parole 
board.  They  are  a  part  of  the  problem  that  goes  hand  and  glove  with 
after  care  and  supervision.  I  speak  of  these  as  criticisms  of  the  parole 
board.  In  reality  they  are  criticisms  of  the  work  of  the  Division  of  Par- 
dons and  Paroles,  which  under  the  present  form  of  state  government 
handles  all  of  the  pardon  and  parole  work,  and  which  also  has  supervision 
at  this  time  over  all  parolees  and  the  parole   agents  who  look   after  them. 

CONSTRUCTIVE   CRITICISM    DESIRED 

Constructive  criticism,  in  my  judgment,  always  will  work  to  the  good 
of  the  public  welfare.  Destructive  criticism  can  only  produce  the  opposite 
result.  Not  satisfied  with  criticizing  the  parole  board  for  releasing  the 
vagrant  then  before  him  the  eminent  jurist  in  Chicago,  if  he  is  quoted  cor- 
rectly, concluded  his  newspaper  interview  by  saying: 

"What's  the  use  of  having  police  and  courts  if  these  men  are  paroled? 
Two  policemen  were  killed  the  other  day  and  in  all  probability  if  the  mur- 
derers had  been  apprehended  it  would  be  found  they  had  been  upon  parole." 

Statements  like  these  are  destructive  and  always  work  to  the  harm 
of  the  public  welfare.  The  eminent  jurist,  sitting  in  the  municipal  court 
of  Chicago,  had  no  more  ground  for  suggesting  that  the  two  policemen  were 
killed  by  paroled  persons  than  I  would  have-  if  I  replied  to  him  by  saying 
the  murderers  were  probably  on  probation  from  one  of  the  municipal  courts 
in  Chicago.  In  matters  like  this  at  least  my  word  is  as  good  as  his.  In 
truth  neither  the  learned  judge  nor  myself  has  any  right  to  destroy  parole 
or  probation  by  such  unsupported  statements. 

During  twenty  years  of  my  life  spent  in  newspaper  work  criticisms 
such  as  those  credited  to  the  eminent  judge  would  have  been  investigated 
before  being  given  publicity.  Times  have  changed  in  this  regard.  Not  one 
of  the  newspapers  that  printed  the  alleged  criticisms  of  the  parole  board 
made  an  effort  either  to  investigate  or  to  obtain  the  real  facts.  The  harm 
lies  in  the  fact  the  thousands  of  unthinking  persons  reading  such  things  in 
the  newspapers  accept  them  as  true.  In  that  lies  the  destructiveness  and 
the  great  harm  to  the  good  of  the  public  welfare. 

PAROLEE    MUST   HAVE    SPONSOR 
Under  the  present  system  no  person  is  released  upon  parole  until  a  spon- 
sor has  been  thoroughly  investigated,  searched  and  approved.     This  is  one 


36 

of  the  very  important  features  of  the  work  done  by  the  parole  agent.  The 
proper  sponsor  can  do  a  great  deal  toward  helping  the  parolee  to  return  to 
right  living.  Under  the  old  system  of  selecting  a  sponsor,  I  have  learned 
that  it  was  not  unusual  for  a  convict  who  had  gone  out  of  prison  a  year  or 
so  before  to  become  the  sponsor  for  an  associate  or  friend  later  being 
released  on  parole.  No  one  will  say  that  a  former  convict  is  a  good  sponsor 
for  an}-  person  upon  parole.  A  similiar  thing  is  not  likely  to  happen  under 
the  present  plan  which  requires  the  sponsor  to  be  carefully  checked  before 
it  is  determined  that  he  is  a  fit  person  to  take  another  person  upon  parole. 

THE  RIGHT  KIND  OF  A  JOB 
Obtaining  the  right  kind  of  a  job  for  the  parolee  is  another  important 
feature.  In  many  cases  the  emploj'er  must  take  the  parolee  without  seeing 
him.  Frequentlj^  the  parole  agent  transfers  a  man  four  or  five  times  before 
he  locates  him  in  a  job  that  fits.  When  you  can  finally  place  a  man  in  work 
that  he  likes  to  do  his  real  chance  to  succeed  is  improved  greatly.  Many 
men  going  upon  parole  have  old  jobs  to  return  to,  many  others  were  _ 
strangers  in  tlie  state  when  thejr  got  into  trouble  which  caused  their  incar- 
ceration and  rarely  have  any  friends.  When  the  time  comes  for  them  to  go 
upon  the  outside  they  must  depend  upon  the  parole  department  for  a  job. 
Our  parole  supervisors  each  month  notif}^  the  parole  agents  in  their  various 
districts  of  the  men  who  have  been  ordered  paroled  who  do  not  have  jobs 
to  go  to.  In  this  notice  the  parole  agent  is  advised  as  to  the  character  of 
the  man,  his  weight  and  age,  his  condition  of  health,  and  is  given  some 
idea  of  the  different  kinds  of  work  the  man  is  best  fitted  to  do.  It  is  not  al- 
ways possible  to  take  a  man  right  out  of  prison  and  put  him  in  the  job  he 
is  best  fitted  for.  By  using  their  senses  and  common  judgment  the  parole 
agents  keep  transferring  a  man  until  he  seems  to  be  suitably  located. 

SUB-NORMAL  PERSONS  AND  THE  PAROLE  LAW 
I  wish  to  mention  here  a  new  feature  of  the  work  which  also  is  of  great 
importance.  Many  men  and  boys  get  into  the  penitentiary  and  reformatory 
who  are  mentally  deficient.  Many  are  sub-normal.  Persons  of  this  class 
always  are  a  hinderance  and  a  liability.  In  my  judgment  the  public  welfare 
should  provide  some  other  means  to  care  for  them  than  through  the  parole 
law.  It  has  been  the  custom  for  many  years,  not  only  in  Illinois  but  in 
most  all  the  other  states,  to  send  mentally  deficient  people  to  the  peniten- 
tiary for  the  offense  they  commit.  Incerceration  will  never  make  a  new 
set  of  brains  for  them.  In  my  individual  opinion  they  need  the  care  of  a 
physician,  specially  trained,  rather  than  incarceration.  You  cannot  always 
keep  in  prison  a  person  who  has  committed  a  small  offense,  merely  because 
you  suspect  that  his  mentality  is  below  normal.  Two  years  ago  the  De- 
partment of  Public  Welfare  in  Illinois  brought  into  being  for  the  first  time, 
the  Division  of  Criminology.  Doctor  Herman  M.  Adler  is  at  its  head.  Low 
or  deficient  mentality  is  no  longer  a  suspicion. 

Under  the  leadership  of  the  Division  of  Criminology  the  persons  in  Illi- 
nois who  are  entrusted  with  the  pardon  and  parole  work  of  the  state  are 
making  a  drive  for  special  treatment  for  the  mentally  deficient.  We  be- 
lieve that  real  accomplishments  can  be  attained  through  the  scientific  treat- 
ment of  the  deficients.  Incarceration  for  one  year  or  many  years,  it  makes 
no  difference  which,  in  a  penal  institution  will  not  cure  the  adult  man  or 
woman  who  has  the  mind  of  a  child  some  nine  or  twelve  years  of  age. 
Through  all  the  years  in  the  various  states  it  has  been  the  custom  to  incar- 
cerate the  mentally  deficient  for  the  small  crimes  they  commit.  I  believe  the 
time  is  close  at  hand  in  Illinois  when  the  mentally  deficient  will  be  removed 
from  the  parole  law  to  which  they  can  never  be  anything  but  a  liability.  We 
who  are  entrusted  with  the  parole  work  in  Illinois,  are  suggesting  state 
farms  for  the  mentally  deficient  and  the  low  grade  moron.  By  placmg 
them  upon  farms  the  state  can  make  their  condition  comfortable.  Phy- 
sicians, specially  trained  for  their  work,  are  better  fitted  to  determine  when 
the  moron  is  safe  to  go  back  into  society  than  any  membership  of  a  parole 
board,  having  to  do  with  the  parole  of  criminals.  I  am  convinced  that 
thousands   of   persons   daily  walk  the   streets   in   the    city   of   Chicago   who, 


because  of  their  mentality  are  not  fit  to  be  at  large.  These  are  the  persons 
who  commit  the  terribly  atrocious  crimes.  It  is  the  custom  not  only  in 
Illinois  but  elsewhere  to  send  the  boy  of  low  mentalit}^  who  has  only 
stolen  a  pair  of  shoes  to  the  reformatory  or  the  penitentiary  upon  a  larceny 
or  burglary  charge.  Under  the  customs  which  have  been  in  vogue  for 
many  years  some  one  to  two  or  possibl}'  three  years  incarceration  is  looked 
upon  as  sufficient  for  such  a  crime.  Merely  because  the  members  of  the 
parole  board  suspect  that  a  boy  or  man,  because  of  his  mentality,  might 
at  some  future  time  commit  some  terribly  atrocious  crime,  is  not  sufficient 
reason  to  keep  that  person  in  custody  always.  No  state  is  equipped  with 
a  sufficient  number  of  institutions  at  this  time  to  keep  persons  of  this 
description  incarcerated  for  long  periods  of  time.  And  yet  it  is  the  person 
of  his  description  who  always  becomes  a  great  liability  when  released  upon 
parole.  If,  out  of  the  hundreds  released  with  low  mentality,  one  commits  a 
serious  or  atrocious  crime,  a  great  hue  and  cry  immediately  goes  up  from 
the  newspapers  in  that  locality.  Not  one  of  these  newspapers  ever  attempts 
to  offer  anything  constructive  which  might  tend  to  lessen  the  hazard  and, 
incidentall}',  when  someone  comes  forward  offering  constructive  ideas  or 
suggestion  for  legislation  it  is  impossible  to  interest  the  same  newspaper 
in  support  of  the  thing  that  seems  to  be  for  the  public  good. 

Let  me  repeat  these  are  among  the  problems  you  meet  in  the  after  care 
and  supervision  of  persons  upon  parole.  Possibly  the  next  general  assembly 
in  Illinois,  when  it  meets  in  January,  1921,  will  take  a  further  advanced 
step  and  provide  institutions  properly  designed  and  fitted  for  the  care  of 
these  delinquents  and  deficients.  We  are  making  the  drive  for  something 
along  this  line  and  we  hope  to  succeed. 

When  the  low  grade  or  sub-normal  fellow  goes  upon  parole  the  parole 
agent  is  furnished  with  a  copy  of  the  criminologist's  analysis  of  that  per- 
son's case.  The  parole  agent  knchvs  at  once  that  the  person  he  is  loo  cing 
after,  while  26  or  36  years  old,  has  the  mind  of  a  child,  8,  9,  or  10  years  of 
age.  This  information  in  the  hands  of  the  parole  agent  gives  to  him  at 
once  an  understanding  of  the  person  he  is  handling  that  he  could  have  ob- 
tained in   no  other  way. 

AT   LEAST   SIX    MONTHS    PAROLE 

It  has  been  the  custom  in  Illinois  for  the  past  twenty  years  to  get  rid 
of  the  person  upon  parole  at  the  earliest  opportunity.  The  Illinois  parole 
law  requires  at  least  six  months  upon  parole.  The  rules  governing  the  work 
requires  one  year  upon  parole.  It  seems  to  me  the  effort  always  has  been 
to  give  a  final  discharge  as  quickly  as  possible.  Under  the  new  plans  the 
mental  deficients  are  placed  upon  parole  now  for  two,  three,  four,  or  five 
years.  We  who  are  entrusted  with  the  work  believe  that  with  proper  care 
and  supervision  many  of  his  class  will  be  saved  from  new  crimes  and  kept 
from  returning  under  new  sentences  as  second  and  third  termers.  In  other 
words  we  do  not  believe  that  there  is  any  real  accomplishment  toward  the 
public  welfare  in  a  final  discharge  at  the  end  of  six  months.  Since  the 
state  has  furnished  the  facilities  to  work  with  we  are  going  to  make  the 
effort  to  provide  supervision  and  after  care  for  longer  periods  of  time. 

PAROLE    SOME    OUT    OF    STATE 

Since  the  first  of  July  1919,  we  have  been  enabled  in  certain  cases  to 
parole  persons  outside  the  state.  Many  persons  while  transients  in  the 
great  city  of  Chicago  get  into  trouble  that  results  in  their  incarceration. 
These  people  come  from  Michigan,  Wisconsin,  and  Indiana.  In  other  parts 
of  the  state  they  drift  in  over  the  bridges  at  Rock  Island,  East  St.  Louis  and 
Cairo.  Under  the  old  system  after  serving  the  sentence  in  a  penal  institu- 
tion they  were  tied  in  the  state  when  they  went  on  parole.  A  boy  or  young 
man  might  have  parents  within  twenty  miles  of  Chicago  or  just  across  the 
bridge  at  East  St.  Louis  or  just  across  the  bridge  at  Rock  Island,  who  were 
anxious  to  take  him  home  "and  look  after  him.  It  was  impossible  to  permit 
him  to  leave  the  state  imtil  the  general  assembly  this  year  provided  an 
amendment  to  the  parole  law.     Possibly  the  parolee  was  a  man  with  a  fam- 


38 

ily  in  the  adjacent  state,  dependent  upon  him  for  support,  children  suffering 
and  wife  destitute.  Kept  in  Illinois  he  could  onh'  earn  sufficient  for  his  own 
upkeep.  He  could  provide  nothing  for  the  suffering  family  and  yet  through- 
out all  the  years  until  the  first  of  July  1919,  the  persons  entrusted  with  the 
parole  work  were  powerless  to  permit  him  to  leave  the  confines  of  Illinois. 
Crossing  an  imaginary  boundary  line  between  Illinois  and  Indiana  was  a 
parole  violation  under  the  law.  It  is  little  wonder  that  many  in  their  dis- 
couragement ran  away  and  became  defaulters  at  large.  Under  this  amend- 
ment to  the  parole  law  now  operative  for  the  first  time,  matters  of  this  kind 
can  be  handled  with  a  degree  of  intelligence.  Since  the  first  of  July  1919, 
under  the  amendment  permitting  parole  outside  the  state,  we  have  been 
enabled  to  permit  many  colored  men  to  return  to  their  homes  in  the  south 
where  the  people  understand  their  problems  and  are  in  sympathy  with 
them.  These  men  had  been  imported  from  the  south  by  large  employers  of 
labor  and  had  gotten  in  trouble  that  caused  their  incarceration.  So  long  as 
they  were  tied  in  Illinois  by  the  parole  law  they  could  only  be  a  menace. 
Incapable  of  doing  parole,  many  because  of  their  mentality,  they  became 
what  we  call  the  "in  and  outer." 

RESULTS    SHOWN   BY   STATUTES 

I  am  able  to  bring  to  this  section  of  the  American  Prison  Congress  a 
concrete  statistical  illustration  of  what  can  be  accomplished  by  after  care 
and  supervision.  With  the  inadequate  facilities  at  hand  two  years  ago  when 
the  Division  of  Pardons  and  Paroles  took  over  the  work  of  handling  the 
parole  agents  we  made  a  start.  We  took  the  two  parole  agents  then  pro- 
vided for  Chester,  the  two  provided  for  Pontiac,  and  the  five  provided  for 
Joliet  and  put  them  into  a  compact  organization.  Our  immediate  problem 
was  in  Chicago  and  the  northern  part  of  the  state.  In  consequence  we  used 
seven  of  the  nine  agents  upon  the  Joliet  and  Pontiac  work  of  supervision 
and  after  care. 

At  the  Joliet  institution  the  record  is  that  15.69  per  cent  of  all  who  have 
been  paroled  during  the  twenty-three  years  have  been  returned  as  violators. 
The  two-year  record  at  Joliet  shows  that  only  7.29  per  cent  have  been  re- 
turned as  violators.  The  twenty-three-year  record  at  Joliet  shows  that 
14.86  per  cent  of  the  total  number  paroled  are  listed  as  defaulters  at  large. 
The  two-year  record  shows  onh^  10  per  cent  of  the  number  paroled  are  listed 
as  defaulters. 

The  twenty-three-year  record  at  Pontiac  shows  12.85  per  cent  of  the 
total  number  paroled  returned  as  violators.  The  two-year  record  at  Pontiac 
is  7.07  per  cent  returned  as  violators.  The  defaulters  at  large  for  the 
twenty-three  years  is  10.87  per  cent  while  for  the  two-year  period  the  record 
is  less  than  4  per  cent,  or  to  be  exact  3.90  per  cent. 

At  Chester  the  twenty-three-year  record  shows  that  9.06  per  cent  were 
returned  as  violators.  The  two-year  record  shows  that  3.93  per  cent  of  the 
total  number  paroled  Quring  that  period  were  returned  as  violators.  The 
twenty-three-year  record  at  Chester  shows  that  14.24  of  the  total  number 
paroled  in  that  period  of  time  are  classed  as  defaulters  at  large.  The  two- 
year  record  shows  that  4.71  per  cent  of  the  total  number  paroled  in  that 
period  are  defaulters  subject  to  return. 

THE  PAROLE  DEPARTMENT  ORGANIZATION 

I  want  to  briefly  describe  the  close  organization  of  the  parole  depart- 
ment as  it  is  working  at  this  time.  Twenty  parole  agents  tonight  make 
a  brief  pencil  report  upon  all  parolees  visited  by  them  during  the  day. 
These  reports  are  made  upon  blanks  furnished  the  agents.  One  copy  is 
mailed  tonight  to  the  institution  and  a  carbon  copy  is  mailed  to  the  chief 
parole  agent.  These  reports  detail  how  each  parolee  is  getting  along.  He 
may  not  be  doing  well.  He  may  be  slipping.  Possibly  the  agent  thinks 
it  will  be  to  the  man's  welfare  to  transfer  him  to  another  job.  Possibly 
the  agent  has  discovered  that  the  sponsor  has  been  mistreating  the  parolee. 
Whatever  the  agent  learned  upon  visiting  his  men  today  is  reported  tonight. 
The  daily  report  gets  action  from  two  sources — the  parole  supervisor  at  the 


39 

institution  and  the  chief  parole  agent.  If  the  parolee  is  missing  the  parole 
supervisor  at  once  notifies  every  other  agent,  sending  a  picture,  and  the 
whole  state  is  honey-combed  by  the  agents  in  an  effort  to  find  the  missing 
man. 

At  the  end  of  the  month  the  parole  agent  makes  a  monthly  report, 
covering  the  number  of  persons  upon  parole  in  his  district  from  the  three 
institutions.  This  report  shows  among  other  things  the  number  of  men 
visited  once,  twice  or  more  times  during  the  month,  those  transferred  by 
name  and  number,  the  reason  for  each  transfer,  the  names  and  number  of 
any  who  have  violated  and  the  character  of  violation,  the  number  returned 
for  violations  and  the  number  not  returned;  and  closes  with  remarks  and 
suggestions. 

The  agent's  report  fits  into  a  monthly  report  made  by  the  parole  super- 
visors working  at  Joliet,  Chester  and  Pontiac.  The  report  by  the  supervisor 
has  the  attention  of  the  Division  of  Pardons  and  Paroles  when  it  sits  in 
regular  monthly  session  at  the  individual  institution.  At  that  time,  after 
studying  all  this  data,  the  Division  of  Pardons  and  Paroles  gives  specific 
directions  to  the  supervisors  as  to  what  shall  be  done  in  each  case  that  does 
not  appear  to  be  getting  along  satisfactorily.  These  orders  in  turn  are 
transmitted  to  the  parole  agents  by  the  supervisors. 

POLITICS    ABSENT 

I  have  heard  continuous  reference  to  politics  about  these  rooms  and 
corridors  Vvhile  attending  the  sessions  of  the  congress.  In  Illinois  our  work 
is  not  hindered  by  politics.  The  Department  of  Public  Welfare  has  at  its 
head  a  man  well  fitted  and  trained  in  big  business.  He  is  not  a  politician. 
Politics  should  have  no  place  in  the  management  of  charitable,  penal  and 
correctional  institutions.  Elimination  of  politics  in  Illinois  from  these 
institutions  has  worked  most  admirably.  "Determine  the  matters  coming 
before  the  Division  of  Pardons  and  Paroles  upon  their  merits  alone,"  is  the 
direction  from  Governor  Lowden,  and  that  is  what  we  are  doing.  Our  deci- 
sions and  recommendations  are  based  upon  the  merits  of  the  case  as  we 
see  them,  and  that  is  the  only  way  our  work  can  be  successfully  done. 

STATES    MUST    CO-OPERATE 

In  conclusion  permit  me  to  suggest  that  the  day  is  near  at  hand  when 
states  having  parole  laws  must  begin  to  co-operate.  Upwards  of  two  years 
ago  I  wrote  to  the  various  states  operating  under  parole  laws,  suggesting 
that  the  Illinois  parole  department  would  gladly  undertake  the  supervision 
of  all  persons  coming  into  the  state  upon  parole  from  other  states.  To  some 
of  these  communications  I  received  no  answer.  Others  courteously  acknowl- 
edged. Some  said  they  would  be  glad  to  co-operate.  But  only  one  state — 
Ohio — has  ever  furnished  the  name  of  a  person  upon  parole  in  Illinois. 
From  time  to  time  there  are  as  many  as  600  persons  upon  parole  in  Chicago 
from  other  states.  I  say  600  and  I  use  these  figures  advisedly.  Various 
charitable  organizations  in  Chicago  are  sponsor  for  these  men. 

I  know  of  no  better  place  to  suggest  this  co-operation  among  the  states 
than  in  this  division.  There  is  a  growing  tendency  to  send  the  parolee  to 
some  other  state  and  in  that  way  be  rid  of  him.  The  growing  custom 
can  only  make  trouble  in  the  end.  At  this  time  different  states  are  reap- 
ing the  benefit  of  shipping  the  insane  back  and  forth  from  one  end  of  the 
country  to  the  other.  Scandals  brewing.  Dumping  paroled  men  out  of  one 
state  into  another  also  will  produce  scandal,  eventually.  This  is  the  time 
to  stop  the  evil.  I  hope  this  section  and  this  congress  will  be  impressed 
with  the  real  importance  of  what  I  am  endeavoring  to  present  and  take  some 
action  that  is  calculated  to  correct  the  growing  custom  before  harm  is  done. 


40 


THE   JUVENILE   AND  ADULT  OFFENDERS 

[By  Hon.  Hugo  Pam,  Judge  of  the  Superior  Court  of  Cook  County.] 

Note:  The  following  address  was  delivered  by  Judge  Pam  as  President  of  the  American 
Institute  of  Criminal  Law  and  Criminology'  at  the  1919  meeting  of  the  institute  held  in  Boston. 
It  was  later  repeated  before  the  Illinois  State  Conference  of  Charities  held  at  Decatur.  In  the 
latter  presentation,  Judge  Pam  added  in  the  strongest  possible  terms  his  appreciation  of  the 
Illinois  parole  law  and  praised  the  courage  and  spirit  of  the  men  who  are  administering  it.  He 
made  an  eloquent  plea  for  the  law  itself  and  asked  the  support  of  the  pubic  to  back  the  Division 
of  Pardons  and  Paroles  in  their  interpretations  of  its  provisions. 


Last  year  saw  the  ending  of  the  war.  From  England,  from  France,  and 
in  our  own  country,  statistics  have  been  gathered  which  show  that  serious 
crime  which  had  been  on  the  decrease  during  the  period  of  the  war  was 
again  stalking  in  the  foreground.  No  longer  did  the  activity  of  the  war 
serve  as  a  release  of  those  elementary  passions  and  pent-up  energies  which 
in  the  case  of  .many  men,  unless  directed  into  proper  channels,  lead  to  the 
commission  of  acts  either  criminal  or  of  such  violence  and  force  that  unless 
curbed  and  restrained  lead  to  acts  of  crime. 

In  many  sections  of  our  country  the  form  of  violence  was  in  the  nature 
of  race  riots  ;  in  others,  industrial  disturbances.  All  engaged  therein  were 
not  criminals,  but  these  occasions  were  taken  advantage  of  by  the  worst  ele- 
ments of  society  to  give  vent  to  its  inclination  to  lawlessness  and  disregard 
of  the  rights  of  the  community. 

The  newspapers  are  filled  with  accounts  of  crimes  of  such  daring  and 
boldness  as  to  make  the  average  citizen  stand  aghast  at  the  manner  in 
which  the  security  of  life  and  rights  of  property  are  ruthlessly  disregarded 
and  imperiled. 

THE  ROLE   OF  THE   AUTOMOBILE   IN   CRIME 

A  forceful  element  in  the  character  of  crime  has  been  the  advent  of  the 
automobile.  Formerly,  in  the  days  following  the  civil  war,  and  up  to  the 
nineties,  the  horse  was  the  quickest  means  of  getting  to  and  away  from  the 
scene  of  crime.  Today,  the  automobile  changes  this — makes  possible  a  quick 
advance  and  a  quick  getaway.  Before  an  alarm  can  be  sounded,  all  trace  of 
the  culprits  usually  has  disappeared  and  their  escape  practically  assured. 
While  in  many  instances  criminals  have  been  apprehended,  there  are  many 
others  where  no  capture  was  effected.  The  boldness  of  the  crime  and  the 
apparent  helplessness  of  the  law  to  apprehend  the  perpetrators  have  em- 
bittered the  public  to  the  extent  that  any  advance  in  the  treatment  of  the 
criminal  is  looked  upon  with  disfavor.  In  addition,  those  having  charge  of 
prosecutions,  namely,  the  state's  attornej-s  and  the  officers,  have  repeatedly 
charged  that  in  the  main  these  serious  crimes  have  been  committed  by  per- 
sons either  on  parole  or  probation,  and  have  often,  without  justification,  de- 
clared that  these  humane  provisions  of  the  law  had  been  abused  and  should 
be  either  curtailed  in  their  application  or  entirely  repealed. 

Such  opinion  has  also  received  support  by  our  daily  press,  both  in  its 
news  columns  and  in  its  editorials,  all  of  which  inflames  the  public  mind  and 
arouses  a  feeling  of  resentment  against  any  legislation  which  has  for  its 
purpose  anything  else  but  the  physical  punishment  of  the  criminal. 

AVERAGE    MAN    FEELS    HE    IS    LAW-ABIDING 

The  average  individual  feels  that  he  is  law-abiding  and  that  his  rights 
have  been  invaded.  He  does  not  stop  to  ask  himself  whether  he  or  society 
is  in  any  way  responsible,  but  goes  upon  the  presumption  that  the  individual 
alone  is  at  fault,  and  therefore  has  entirely  forfeited  his  rights  to  the  pro- 
tection of  society.  The  community  does  not  realize  that  often  these  crimes 
but  evidence  the  condition  which  itself  has  helped  bring  about,  and  therefore 
does  not  sympathize  with  an  institution  or  group  of  men  or  women  who 
attempt  to  bring  this  fact  home. 


i  "^^ 

At  the  present  time  this  feeling  in  the  community  is  in  ascendancy,  and 
therefore  members  of  our  institute  should  work  the  harder,  not  only  to  pre- 
vent enactment  of  reactionary  legislation,  but  to  bring  about  a  better  under- 
standing in  the  communit}'  of  the  real  causes  that  lie  at  the  root  of  the 
present  daj'  criminal  conditions. 

While  it  is  not  possible  within  the  limited  space  of  time  that  I  have  to 
address  you  to  cover  this  entire  subject  matter,  I  do  wish  to  present  my 
views  upon  two  phases  of  this  question. 

First,  the  juvenile  in  relation  to  crime,  which  subject  can  be  divided 
into  two  heads. 

TWO    PHASES    OF    THE    QUESTION 

(a)  Those  who  are  subject  to  the  jurisdiction  of  the  juvenile  court, 
namely,  children  up  to  the  age  of  seventeen  ; 

(b)  Those  between  the  ages  of  seventeen  and  twenty-five. 

As  to  the  juvenile  offender:  The  juvenile  offender  has  been  the  bene- 
ficiary in  recent  years  of  special  legislation  throughout  nearly  all  the  states 
of  our  country.  The  purpose  of  the  laws  is  salutary,  and  the  object  is  to 
provide  the  child  with  an  environment  such  as  will  save  him  to  the  state  and 
society  as  a  useful  and  law-abiding  citizen,  and  to  give  him  the  educational 
advantages  in  our  various  states. 

This  difficulty  has  been  appreciated  by  the  children's  department  at 
Washington  and,  as  a  consequence,  a  survey  has  been  made  under  the  direc- 
tion of  Miss  Julia  Lathrop,  in  charge  of  the  department,  with  reference  to 
the  juvenile  court  acts  in  the  various  states  and  the  manner  in  which  it  has 
been  forced. 

In  the  course  of  this  survey,  inquiries  were  addressed  to  nearly  2,500 
courts,  or  agencies,  to  which  2,343  responded. 

In  the  year  1918,  140,252  cases  were  tried  in  the  various  children's  courts 
of  the  United  States,  and  of  that  number  79,946,  more  than  half,  were  cases 
of  delinquency.  The  fact  that  more  than  one-half  of  these  children  were 
actually  charged  with  the  commission  of  crime  is  in  itself  a  serious  indict- 
ment against  the  conditions  that  prevail  in  many  parts  of  our  country.  I, 
therefore,  wish  to  digress  for  a  moment  and  present  to  you  the  situation 
that  in  many  instances  confronts  these  children  who  in  such  appalling  num- 
bers have  passed  through  our  courts. 

WHERE    HOUSING    IS    DEPLORABLE 

In  nearly  all  of  our  large  cities  there  are  congested  sections  v\'here  hous- 
ing conditions  are  deplorable.  Often  families  of  five,  six  or  seven  live  in 
either  one  or  two  rooms.  In  many  instances  to  meet  the  economic  strin- 
gency of  the  family  life,  strangers  are  brought  into  these  congested  quarters 
and  occupy  a  bed  when  not  in  use  by  a  member  of  the  family,  thus  making 
for  lack  of  privacy  and  hence,  lack  of  modesty.  The  husband  is  often  en- 
gaged in  work  that  requires  no  skill,  and  deadly  monotonous  in  its  character; 
it  constitutes  and  is  considered  merel}^  a  daily  grind.  There  is  nothing  up- 
lifting or  exhilarating  about  it,  and  when  he  returns  to  his  squalid,  ill-kept 
home,  he  brings  no  cheer  to  it,  and  its  desolateness  adds  dullness  to  the 
family  life. 

The  situation  in  which  the  mother  finds  herself,  adds  but  despair  to  it; 
she  is  either  confined  to  an  all-day  drudgery  of  the  care  of  her  family  and 
household,  or  she  is  compelled  by  the  exigencies  of  economic  conditions  sur- 
rounding the  home  to  also  become  a  wage  earner.  Often  this  father  and 
mother  bring  to  their  married  life  but  little  education  and  no  experience  in 
the  world,  and  the  development  of  their  married  life  is  narrow  in  the  ex- 
treme, and  the  horizon  of  their  outlook  very  limited.  In  an  environment  of 
this  kind  the  children  must  necessarily  be  severely  handicapped.  Unre- 
strained in  their  movements,  with  no  supervision  over  the  impulses  of  their 
infantile  mind,  often  deprived  of  the  neighborhood  settlement  house  or 
small  playground,  the  children  have  no  opportunity  for  sane  development  of 
mind,  or  a  proper  outlet  for  their  energy. 


42 

THE    FAMILY'S    LAST    CONSIDERATION 

Where  some  religious  instruction  is  given  the  child,  it  is  limited  usually 
to  but  one  day  a  week;  and  only  in  the  schoolhouse  is  the  child  afforded  the 
first  consistent  contact  with  opportunities  for  his  or  her  welfare,  and  in 
these  congested  districts  the  attendance  of  the  child  is  uncertain  and  very 
irregular.  The  child  enters  at  a  late  j^ear  and  leaves  at  the  earliest  oppor- 
tunity, and  often  in  the  interim  the  child  is  kept  home  by  the  parents  either 
to  meet  cases  of  illness  in  the  family  or  to  take  care  of  a  younger  child.  In 
fact,  the  welfare  of  the  child  is  the  last  consideration  in  the  struggle  of  the 
family  for  its  economic  existence. 

There  has  been  no  purpose  in  presenting  this  background  of  many  of 
our  children,  save  to  place  before  the  public  the  necessity  to  have  the 
juvenile    court    and    its    every    agency   developed   to    its    highest    efficiency. 

Not  only  have  these  79,946  delinquent  cases  shown  evidence  of  actual 
crime  on  the  part  of  the  children,  the  remainder  of  the  140,000  children  were 
either  dependents,  or  in  some  way  a  charge-  to  the  public,  and  therefore  a 
potential  factor  in  the  development  of  crime. 

It  is  only  in  our  larger  cities,  such  as  New  York,  Philadelphia,  Boston, 
Chicago,  Cleveland,  Detroit,  and  cities  of  more  than  250,000  inhabitants, 
where  the  juvenile  court  functions  properly.  In  all  the  states  but  one  there 
is  provision  for  separate  procedure  for  the  juvenile  offender,  but  in  many 
states  the  provisions  are  inadequate,  and  in  many  others,  while  the  legisla- 
tion if  carried  out  efficiently'  would  secure  an  effective  juvenile  court,  yet 
the  means  have  not  been  provided  for  an  adequate  system,  save  in  the  larger 
cities;  the  reason  for  that  being  that  the  application  of  the  laws  and  the 
enforcement  thereof  are  left  to  the  various  counties  in  the  state,  and  the 
financial  budget  of  such  counties  for  the  work  is  entirely  inadequate. 

The  survey  heretofore  spo':en  of  also  shows  that  while  every  state  but 
one  has  legislation  for  the  juvenile  delinquent,  less  than  half,  namely,  45 
per  cent  have  a  separate  judge  or  probation  service  connected  with  the 
juvenile  court,  and  of  this  45  per  cent,  less  than  half  have  paid  probation 
officers,  and  the  rest  are  entirely  dependent  upon  volunteer  service. 

COURT'S   PRIVILEGES    MUST   BE   EQUITABLY    DISTRIBUTED 

Our  full  responsibility  will  not  be  met  tov.-ards  the  children  who  are 
subject  to  the  jurisdiction  of  our  children's  court  unless  provision  is  made 
so  that  the  benefits  of  the  juvenile  court  and  its  agencies  be  distributed  im- 
partially to  one  and  all  throughout  every  state  and  throughout  the  nation. 
As  it  is,  the  rural  communities  suffer  very  much  because  through  lack  of 
funds  they  are  deprived  of  the  benefits  of  the  legislation  enacted. 

A  further  study  of  the  survey  shows  that  in  the  larger  cities  where  we 
have  a  highly  specialized  juvenile  court,  as  in  Chicago,  with  proper  facilities, 
for  examination  and  probation,  that  a  much  larger  proportion  of  delinquent 
children  are  placed  on  probation,  and  a  much  smaller  proportion  sent  to  in- 
stitutions. We  further  read  from  this  report  that  in  many  of  the  states 
there  are  no  separate  correctionary  institutions  for  the  care  of  children,  and 
when  punishment  is  incarceration,  the  confinement  is  either  in  the  ordinary 
jail  or  prison. 

In  one  of  such  rural  districts  in  one  of  our  states,  the  disposition  of 
children's  cases  was  as  follows  : 

65  were  sent  to  jail; 

40  placed  in  the  chain  gang; 

12  sent  to  reformatories ; 

1   to   an  orphanage ; 

156  fined; 

156  dismissed; 

26  in  which  judgments  were  suspended,  and  only  51  placed  on  probation^ 

TREATMENT    OF    THE    VARIOUS    CLASSES 

It  is  our  duty  to  prevent  such  discrimination  being  made  against  some 
of  the  children  of  our  land.  The  delinquent  child  must  be  treated  the  same 
as  the  dependent,  namely,  the  neglected  or  homeless  child.     Legislation  ta 


43 

that  effect  has  been  enacted.  The  court  has  the  power  to  grant  this  protec- 
tion to  the  delinquent  child,  and  the  community  must  see  to  it  that  such 
protection  is  bestowed. 

The  highest  development  in  the  treatment  of  the  juvenile  delinquent  and 
dependent  as  set  forth  in  this  survey,  is  found  in  the  Judge  Baker  Founda- 
tion in  Boston,  through  which  all  the  children  before  the  juvenile  court  are 
given  a  thorough  physical  examination,  their  mental  condition  is  carefully 
studied,  and  especially  qualified  investigators  attached  to  the  staff  of  the 
Foundation  gather  the  social  data.  All  the  information  in  a  given  case  is 
then  assembled  and  studied  at  a  staff  conference,  and  a  diagnosis  of  the 
child's  condition,  and  a  recommendation  as  to  the  kind  of  treatment  needed, 
is  made  by  one  person  qualified  to  determine  it  and  evaluate  all  the  facts. 
Child  welfare  work  will  make  its  best  progress  and  reach  its  highest  effi- 
ciency when  every  state  strives  to  attain  the  highly  specialized  development 
afforded  by  the  Judge  Baker  Foundation.  It  should  not  depend  upon  the 
private  fortune  of  an  individual  to  bring  about  this  standard,  but  the  state 
should  meet  its  responsibilities  and  duties  towards  its  children  and  citizens. 

Every  dependent  or  delinquent  child  should  either  be  under  the  control 
of  a  parent  who  shall  meet  his  or  her  responsibilities  and  give  that  child  a 
proper  environment,  or  be  under  the  control  of  some  branch  of  the  juvenile 
court,  properly  equipped  to  afford  the  child  a  fair  chance  as  far  as  nature 
has  endowed  it  to  meet  the  problems  of  life.  The  stain  that  attaches  to  im- 
prisonment leaves  its  indelible  mark  upon  the  character  of  the  child  and 
creates  prejudice  in  the  minds  of  the  public;  therefore,  the  last  place  in  the 
world  for  the  child  delinquent  is  an  institution  which  is  of  a  correctionary 
character. 

It  is  a  question  of  education  and  discipline,  a  question  of  proper  environ- 
ment, and  if  we  could  establish  throughout  our  land  institutions  of  as  high 
a  character  as  that  of  the  Baker  Foundation,  we  would  create  a  potential 
agency  in  the  unmaking  of  the  criminal  and  the  prevention  of  making  one. 

THE   OFFENDER   BETWEEN   SEVENTEEN   AND   TWENTY-FIVE 

Let  us  take  up  the  case  of  the  youthful  offender  between  the  ages  of 
seventeen  and  twenty-five.  It  must  be  apparent  to  many  of  you  who  have 
come  in  contact  with  men  of  these  ages  either  in  your  prison  investigation 
or  psychopathic  and  psychiatric  examination,  that  a  great  proportion  of 
crime  is  committed  by  young  men  between  the  ages  of  seventeen  and 
twenty-five.  The  public  and  the  community  is  made  aware  of  that  fact  by 
the  news  columns  of  the  daily  papers.  In  fact,  they  constitute  forty  to  fifty 
per  cent  of  the  criminal  offenders.  In  the  eyes  of  the  law  under  the  enact- 
ment of  juvenile  legislation  these  men  are  considered  adults.  It  must  be 
apparent,  also,  to  all  of  you  that  the  determination  that  one  boy  one  day  less 
than  seventeen,  and  another  boy  one  day  over  seventeen,  committing  the 
same  offense,  are  subject  to  different  laws,  different  examination,  different 
care  and  different  punishment  is  arbitrary  and  unjust  in  the  extreme.  It 
may  well  be  said  that  such  arbitrary  differentiation  must  be  made  at  some 
time  in  fixing  responsibility;  but  in  my  mind  the  justice  and  unfairness  that 
often  result  from  such  arbitrary  delimitation  would  be  obviated  if  the  prin- 
ciple that  motivated  the  development  of  the  juvenile  court  were  applied  to 
criminal  offenders  between  these  ages. 

Just  as  we  have  in  our  juvenile  courts  provisions  made  for  an  investiga- 
tion of  the  mental  antecedents  of  an  offender,  we  should  also  have  provided 
for  this  young  adult  offender  an  investigation  of  his  animation  and  the 
social  conditions  surrounding  him;  also  an  examination  to  determine  his 
mental  capacity.  As  a  result  of  such  examination  we  would  often  find  the 
same  environment  as  surround  our  dependent  and  delinquent,  and  by  modern 
and  scientific  methods  it  would  be  found  that  very  frequently  a  young  man 
between  the  ages  of  seventeen  and  twenty-five  has  but  the  mentality  of  a 
boy  of  eight  or  twelve  years;  the  only  difference  being  that  his  experience 
in  life,  by  reason  of  greater  years,  may  have  grafted  upon  his  deficient  men- 
tal makeup  more  fixed  habits  dangerous  to  society.     If,  however,  the  crime 


44 

does  not  show  an  abandoned  heart,  there  is  no  reason  why  the  same  humane 
provisions  should  not  be  made  for  this  class  of  offender  as  for  the  juvenile 
delinquent. 

NOT    PUNISHMENT,    BUT    EDUCATION    AND    DISCIPLINE 

Again,  it  should  become  not  merely  a  question  of  punishment,  but  edu- 
cation and  discipline.  In  some  of  the  states  of  our  Union,  and  in  some  of 
our  cities,  this  principle  has  been  recognized,  especially  in  the  city  of 
Boston,  where  a  psychopathic  institute  is  at  the  service  not  only  of  the 
boy's  court  or  the  juvenile  court,  but  at  the  service  of  every  agency  in  the 
state,  in  order  that  there  maj-  be  a  proper  and  intelligent  physical  and  men- 
tal examination  made  by  trained  psychologists  and  psj^chiatrists.  Some  of 
the  other  larger  cities  have  made  similiar  provisions,  but  in  the  main  such 
legislation  has  not  been  looked  on  with  favor  in  many  of  our  states.  While 
all  the  states  of  our  Union  have  made  provision  for  probation  for  the  juvenile 
offender,  quite  a  number  of  states  have  no  provisions  for  adult  probation,  even 
for  first  offenders,  and  where  such  provisions  have  been  made  they  are  often 
entirely  inadequate  and  fail  to  provide  a  proper  staff  of  probation  officers 
to  give  effect  to  such  provisions.  Just  as  probation  is  an  efficient  force  for 
juvenile  delinquent  and  dependent,  so  probation  can  be  a  great  factor  for 
reformation  and  restoration  of  the  young  adult  offender,  and  any  legislation 
which  endeavors  to  curtail  probation,  or  rather  fails  to  extend  its  applica- 
tion, is  reactionary. 

There  are  some  crimes  of  a  character  (even  outside  of  capital  offenses) 
for  which  probation  could  not  be  allowed,  but  in  the  vast  number  of  offenses 
in  the  category  of  crime  the  first  offender  should  receive  the  benefit  of 
probation. 

It  might  be  said  that  most  of  the  states  have  such  provisions  for  proba- 
tion, but  my  investigation  of  the  subject  leads  me  to  make  this  statement: 
That  with  the  exception  of  two  or  three  states,  notably  that  of  Massachu- 
setts and  New  York,  the  use  of  probation  is  very  limited. 

Very  little  discretion  is  left  to  the  judge.  The  law  usually  provides  ex- 
actly the  character  of  the  offense  for  which  probation  may  be  given,  makes 
the  value  of  the  property  the  determining  factor,  and  limits  the  application 
of  the  provision  of  probation  to  the  first  offender.  To  my  mind  there  should 
be  but  one  limitation  upon  the  judge's  discretion  to  grant  probation,  and  that 
is  not  to  act  in  any  way  as  to  endanger  society.  Save  for  certain  grave 
offenses,  if  a  judge  after  having  before  him  reports  as  to  the  physical  and 
mental  examination  of  the  offender,  and  also  from  the  investigation  of  his 
antecedents  and  environment  is  convinced  that  the  offender  should  have  the 
opportunity  to  again  take  his  place  in  society  without  suffering  physical 
punishment,  then  probation  should  follow.  T  am  just  as  firmly  of  the  opinion 
that  in  the  case  of  the  first  offender,  if  reports  and  examination  satisfy  the 
court  that  such  person  released  on  probation  would  be  a  danger  to  societj^ 
and  that  society  would  be  better  protected  by  having  him  removed  from  con- 
tact with  it,  then,  whether  he  be  a  first  offender  or  not,  that  person  should 
be  excluded  from  contact  with  the  community. 

THE   SAVING   OF   THE   YOUTH 

Just  as  in  the  case  of  the  juvenile  offender,  the  thought  that  should 
actuate  the  public  mind  is  the  saving  of  this  youthful  criminal  between  the 
ages  of  seventeen  and  twenty-five  to  society.  Physical  restraint  merely 
should  not  be  for  the  purpose  of  punishment,  even  though  physical  restraint 
is  provided  for  under  conditions  which  make  for  the  improvement  of  the 
offender.  (Of  that  I  will  have  something  to  say  later  on.)  The  confinement 
of  prison  and  the  possibility  of  being  known  as  an  ex-convict  may  tend  for- 
ever to  taint  a  man's  career  and  check  every  imfiulse  to  seek  redemption  in 
the  eyes  of  the  world.  Where  there  is  a  chance  to  salvage  a  human  soul, 
and  education  and  discipline  without  imprisonment  will  advance  it,  then  the 
interest  of  society  will  be  served  better  vv^ithout  prison  confinement. 

I  had  intended  to  speak  somewhat  at  length  with  reference  to  the  ques- 
tion of  character  of  our  prisons  and  prison  management,  because  to  my 
mind,  if  there  must  be  confinement  for  the  protection  of  society,  the  prisons 


45 

must  be  of  such  a  character  and  the  management  of  the  offender  such  as  to 
have  the  offender  returned  to  society  with  a  recognition  of  his  responsibih- 
ties,  and  a  determination  to  resume  liis  place  as  a  law-abiding  citiifen. 

Any  prison  system  which  allows  a  man  to  stagnate,  that  limits  his  vision 
merelj''  to  the  life  within  its  walls,  and  does  not  impress  him  with  the  belief 
that  while  there  he  can  prepare  to  meet  the  responsibilities  of  good  citizen- 
ship, fails  to  accomplish  the  essential  purpose  for  which  the  offender  was 
imprisoned,  namelj^  reformation. 

But  in  the  limited  time  I  have  left  I  can  only  present  to  you  two  phases 
of  this  subject. 

First  let  me  call  your  attention  to  the  fact  that  in  most  of  the  prisons 
throughout  our  country  today  the  labor  of  the  prisoner  is  confiscated  by  the 
state.  That  practice  has  come  down  to  us  from  time  immemorial,  and  less 
advance  has  been  made  in  this  regard  than  in  any  other  branch  of  prison 
management. 

Restraint  of  one's  liberty — that  is,  the  right  to  come  and  go  at  will — 
proves,  as  time  goes  on,  a  severe  strain  upon  every  normal  impulse  within 
us.  Let  anyone  in  this  audience  be  limited  to  his  home,  and  that  home  a  com- 
fortable one  surrounded  by  spacious  grounds,  and  yet  if  his  movements  be 
confined  to  that  area  even  for  but  a  week,  such  restraint  would  prove  most 
irksome. 

THE  EVIL  OF  THE  CELL  HOUSE 

While  there  have  been  improvements  in  some  of  our  prisons  with  ref- 
erence to  the  buildings  and  their  equipment,  yet  we  do  know  that  there  is 
some  form  of  cell  house  and  a  very  limited  opportunity  for  the  release  of 
physical  energy.  The  education  of  the  prisoner  is  a  neglible  factor  in  the 
routine  of  prison  life.  By  employment  of  persons  in  various  occupations, 
either  within  the  prison  wall  or  within  certain  limits  outside  of  them,  the 
time  of  the  prisoner  is  consumed,  but  his  entire  life  is  one  determined  for 
him,  and  it  is  his  province  to  obey  the  prescribed  rules  and  regulations  sub- 
ject to  the  orders  of  those  in  charge  of  the  prison.  In  other  words,  there  is 
a  complete  subjection  of  the  will  of  the  prisoner.  That  is  the  essence  of 
physical  restraint,  and  that  is  why  it  proves  so  burdensome.  The  state  has 
the  undoubted  right  to  deprive  an  offender  of  his  liberty,  but  I  am  strongly 
of  the  opinion  that  it  has  no  right  to  appropriate  the  right  and  ability  of  the 
men  to  labor.  Of  course,  work  must  be  provided,  otherwise  life  in  prison 
would  be  unbearable,  and  all  efforts  for  the  reformation  of  the  prisoner  un- 
availing. It  is  only  in  the  sane  occupation  of  his  time,  with  due  allowance 
made  for  recreation  and  education,  that  a  correctional  institution  can  restore 
the  man  better  equipped  to  resume  his  responsibilities  once  he  has  regained 
his  freedom.  While  the  offender  may  reconcile  himself  to  a  restraint  of  his 
liberty  and  also  welcome  the  opportuntiy  to  work,  yet  I  am  of  the  opinion 
that  he  resents  the  appropriation  of  the  proceeds  of  his  labor  without  a  re- 
turn of  the  equivalent  of  its  value  ;  a  fair  wage  over  and  above  the  expense 
of  his  confinement  to  the   state. 

Where  a  prisoner's  time  is  used  in  labor,  which  either  brings  a  profit 
to  the  state  from  the  articles  manufactured  bj'  him  or  saves  to  the  state  the 
employment  of  another  individual  whose  work  the  prisoner  does,  the- pris- 
oner should  be  entitled  to  have  placed  to  his  credit  either  the  profit  or  the 
wage  saved  to  the  state  by  his  labor.  Against  this  should  be  charged  the 
expense  of  his  maintenance.  Everything  over  and  above  should  either  be 
given  to  the  family  depending  on  him,  or  it  should  be  given  him  upon  his 
release  from  the  prison,  when  he  again  assumes  his  place  in  society. 

There  is  no  more  degrading  influence  upon  the  man  who  still  has  some 
character  left  than  the  knowledge  that  by  his  criminal  act  he  has  not  only 
forfeited  his  right  to  freedom,  but  has  also  brought  misery  and  a  state  of 
helplessness  to  those  who  had  been  dependent  upon  him;  and  there  is  no 
greater  force  for  uplifting  a  criminal  and  making  him  look  to  the  future  than 
the  knowledge  that  while  he  is  paying  the  price  of  his  offense  against  society 
by  being  deprived  of  his  liberty,  he  is  contributing  to  the  welfare  of  his 
family. 


46 

DIFFICULTIES  CAN  BE  OVERCOME 

There  may  be  difficulties  in  making  provision  for  such  employment  of 
prisoners  so  as  to  return  a  profit,  but  they  can  be  overcome  easily.  There  is 
no  question  that,  to  begin  with,  the  labor  of  prisoners  can  be  employed 
upon  articles  and  materials  for  use  in  public  institutions.  This  is  being  done  in 
Massachusetts,  and  a  report  of  the  bureau  of  prisons  in  that  state  shows 
that  the  sale  of  articles  manufactured  in  the  state  prison  amounted  to  $571,- 
356;  sales  in  the  women's  reformatory  at  Schermerhorn  amounte.d  to  $132,- 
867;  at  the  men's  reformatory  at  Concord,  the  sales  amounted  to  $220,016, 
making  a  total  of  $924,239;  the*  net  profit  of  such  sales  was  $218,817.31. 
Among  some  of  the  articles  manufactured  were  aluminum  ware,  bedding, 
blankets,  boy's  clothing,  men's  clothing,  flags,  furniture,  hosiery,  shoes,  and 
so  forth. 

In  Chicago,  in  an  institution  where  the  average  sentence  of  a  prisoner 
was  three  months,  namely,  the  House  of  Correction,  to  which  persons  con- 
victed of  misdemeanors  were  sent,  an  experiment  was  made  by  Mr.  John 
Whitman  (the  present  Director  of  Prisons  in  Illinois.)  While  he  was  in 
charge  of  that  institution,  without  provision  of  law  but  with  the  consent  of 
the  trustees,  prisoners  were  employed  in  doing  work  for  the  city.  They 
manufactured  all  the  street  brooms  and  ash  receptacles  used  by  the  city  of 
Chicago  in  its  cleaning  department.  They  baked  all  the  bread  for  all  the 
public  insitutions  of  Chicago,  save  the  hospitals  ;  they  also  junked  all  old 
and  discarded  machinery  used  by  the  city,  and  while  I  have  not  the  detailed 
figures  before  me,  such  work  resulted  in  a  profit,  and  by  arrangement  of  the 
trustees,  the  men  having  families,  who  worked  in  the  prison,  were  given  the 
profits 

UNION   LABOR   WILL   DO    RIGHT   THING 

In  meeting  this  situation  we  need  not  fear  the  position  of  union  labor, 
because  I  am  convinced  that  union  labor  will  take  an  advanced  position  on 
this,  as  it  has  on  all  vital  questions  of  the  day.  Union  labor  will  co-operate 
with  every  other  agency  in  having  such  a  prison  management  as  will  not 
only  protect  society,  but  also  make  for  the  reformation  of  the  prisoner  and 
his  ability  to  resume  his  place  in  society. 

Therefore,  if  a  man  as  he  enters  prison  knows  that  his  labor  will  be 
used  for  the  comfort  of  his  family  while  he  is  in  prison,  or  that  it  will  be 
turned  over  to  him  when  he  comes  out  to  reinstate  himself  in  the  commun- 
ity, he  begins  with  an  objective  which  will  carrj^  him  through  that  trying 
period  of  imprisonment  and  will  make  him  look  forward  to  the  day  of  his 
release  with  confidence  in  his  abilit3^  to  assume  responsibility,  and  with  no 
resentment  against  society. 

The  other  question  I  wish  to  touch  upon  is  that  of  parole.  When  we 
speak  of  parole  we  have  in  mind  also  the  indeterminate  sentence,  which  in 
its  accepted  sense  means  that  for  a  particular  crime  there  is  a  minimum  and 
maximum  term  a  prisoner  may  be  called  upon  to  serve,  the  period  of  time 
depending  on  that  agency  in  each  state  charged  with  the  control  of  prison- 
ers and  granting  parole. 

THE    RIGHT   AND   JUSTICE   OF    PAROLE 

In  the  beginning  of  my  talk,  I  spoke  of  the  distrust  and  disfavor  that 
has  been  engendered  in  the  community  with  reference  to  the  paroling  of  a 
criminal.  To  my  mind  it  is  important  that  this  attitude  should  be  dispelled, 
and  that  the  agency  that  has  made  for  part  of  this  feeling  of  suspicion, 
namely,  the  press,  be  the  medium  through  which  the  confidence  of  the  com- 
munity in  the  system  of  prison  parole  be  firmly  established.  To  that  end  the 
American  Institute  of  Criminal  Law  and  Criminology  should  bend  its  every 
energy,  and  by  its  research  and  investigation  place  before  the  community, 
through  the  medium  of  the  press,  the  real  facts  on  the  question  of  parole. 
The  principle  information  placed  before  the  community  today,  and  that 
mostly  in  the  form  of  headlines,  is  that  a  crime  has  been  committed,  that  a 
paroled  man  has  committed  it,  and  then  follows   either  a  direct  or  veiled 


47 

attack  on  the  agency  granting  parole,  and  a  stinging  criticism  on  the  abuse 
of  the  parole  system.  We  must  recognize  there  have  been  men  who,  as 
events  showed,  did  not  justify  the  confidence  reposed  in  them  to  make  good, 
and  also  that  at  times  men  have  been  paroled  through  improper  influences. 
Such  a  situation,  however,  should  not  militate  against  the  principle  of 
parole,  because  every  remedial  welfare  measure  for  the  benefit  of  the 
weaker  part  of  our  community  has  often  failed  to  reach  its  objective,  not, 
however,  because  of  the  inherent  defect  in  the  measure,  but  because  of  the 
manner  in  which  it  was  administered,  or  because  of  a  mistaken  judgment 
as  to  the  beneficiary.  What  I  am  most  concerned  about  is  the  hasty  and 
ill-considered  criticism  made  upon  the  general  principle  without  the  neces- 
sary reservation  upholding  the  principle.  The  first  requisite  to  overcome 
the  prejudice  against  parole  is  to  have  the  welfare  board  or  agency  having 
in  charge  the  release  of  prisoners  on  parole  made  up  of  men  and  women 
who  are  familiar  with  the  subject  of  criminology,  who  are  above  suspicion 
of  being  influenced  by  either  political  or  personal  consideration,  and  who 
can  be  held  directly  responsible  for  their  acts.  If  the  public  knows  that 
such  a  board  is  acting,  then  all  question  of  favoritism  or  incompetency  will 
be  dispelled.  The  next  step  is  to  acquaint  the  public  with  the  wor  dngs  of 
the  parole  system.  Statistics  should  be  gathered,  which  show  not  merely  the 
number  of  crimes  but  the  character  of  crimes  committed;  for  often  there 
are  certain  periods  of  unrest  and  certain  general  conditions  which  result  in 
trivial  criminal  acts  and  these  outbreaks  are  but  temporary  and  sporadic. 
The  public  should  not  only  be  made  familiar  with  the  failures  of  parole,  but 
with  its  successes. 

LACK    OF    SUPERVISION    IS    PREVAILING 

Just  as  in  probation,  the  great  difficulty  with  the  proper  working  of 
parole  is  the  failure  in  most  of  the  states  to  provide  for  sufficient  officers  to 
supervise  and  care  for  the  paroled  man,  and  to  encourage  his  contact  with 
society.  But  the  great  factor  that  the  community  must  consider  is  the  effect 
parole  has  upon  the  convicted  man  who  is  serving  his  sentence  in  prison.  It 
is  conceded  that  no  system  of  prison  management  is  progressive  unless  there 
is  an  objective  towards  which  the  prisoner  is  constantly  working.  While  in 
places  of  confinement  he  may  show  advancement,  such  as  from  a  cell  house 
to  a  cottage  prison,  and  from  an  enclosure  to  comparative  freedom,  restricted 
only  by  the  limits  of  prison  territory  and  extending  even  to  work  in  places 
entirely  apart  from  prison  surveillance/the  real  goal  that  is  ever  before  the 
prisoner  is  his  ultimate  release.  If  that  can  be  hastened  by  proper  observ- 
ance of  prison  regulations,  by  understanding  service  in  the  various 
branches  of  work  assigned  to  him,  by  earnest  application  to  educational 
advantages  offered,  all  of  which  is  a  preparation  for  the  resumption  of  the 
responsibilities  of  good  citzenship;  if  the  reward  for  this  effort  within  the 
prison  will  secure  for  him  the  earlier  opportunity  to  demonstrate  his  right 
to  meet  the  responsibilities  of  good  citizenship  out  of  prison,  such  objective 
will  prove  the  great  urge  in  his  prison  life. 

The  consciousness  on  the  part  of  a  convicted  man  that  he  has  been 
released  on  parole  before  the  expiration  of  the  maximum  sentence  is  a  tre- 
mendous factor  in  his  reformation  and  in  the  rebuilding  of  his  character. 

A    PROTECTION   TO   THE    PUBLIC 

Paroles,  like  probation,  can  in  my  opinion  be  far  more  effective  instru- 
mentalities in  the  protection  of  society  against  crime  than  hard,  drastic 
punishment. 

Lack  of  sympathy  in  the  public  mind  with  probation  and  parole  is  due 
first,  to  the  lack  of  information  that  the  public  has  of  their  effectiveness 
even  while  operating  under  adverse  conditions,  and  second,  to  the  lack  of 
funds  to  properly  equip  and  maintain  an  efficient  and  capable  probation  and 
parole  system. 

If  the  information  could  be  brought  home  to  the  community  it  would  be 
found  that  the  sum  of  the  experience  of  the  states  and  courts  in  which  the 
probation  and  parole  system  had  been  given  its  longest  and  most  thorough 


48 

trial  is  that  it  is  an  essential  part  of  the  judicial  and  correctional  system  of 
the  state.  One  of  the  difficulties  has  been  that  where  the  probation  service 
has  been  established  there  has  been  such  an  overloading  of  its  officers  so  as 
to  not  only  threaten,  but  actually  to  impair,  the  quality  of  its  work. 

In  New  York,  where  the  number  of  paid  officers  was  197,  the  number  of 
persons  in  their  care  at  one  time  in  the  year  1918  was  14,552;  an  average  of 
IZ  charges  for  each  officer.  In  Massachusetts,  with  154  officers  and  the  num- 
ber of  cases  at  one  time  14,990,  the  average  per  year  was  almost  100.  The 
figures  are  at  hand  in  these  two  states  because  they  have  a  state  probation 
commission.  The  report  of  the  probation  officer  for  Cook  county  indicates 
a  like  situation,  but  even  these  figures  do  not  indicate  the  load  carried  by  a 
single  officer  because  the  figures  given  are  the  average.  Sometimes  during 
the  period  of  a  year  an  officer  has  nearly  300  persons  in  his  charge.  His 
service  must  not  only  be  one  of  restraint  to  a  probationer,  but  also  one  of 
helpfulness  and  therefore  such  overloading  results  in  a  lack  of  that  thorough 
attention  which  is  the  most  obvious  requisite  in  accomplishing  the  purpose 
of  probation.  It  is  remarkable,  in  my  opinion,  that  any  results  have  been 
obtained  from  the  probation  service,  handicapped  as  it  has  been  by  lack  of 
funds,  no  matter  where  it  has  been  placed  in  operation.  That  even  partial 
success  has  been  attained  is  a  strong  tribute  to  the  essential  goodness  in 
human  nature,  w'hich  can  be  appealed  to  and  can  become  the  real  formative 
factor  in  the  dependable  restoration  of  an  offender  to  societ^^ 

THE    NEED    FOR    SUFFICIENT,    COMPETENT    PAROLE    OFFICERS 

What  I  have  said  here  in  reference  to  probation  applies  with  equal  force 
to  the  question  of  parole,  save  that  there  is  a  still  greater  necessity  for 
securing  an  adequate  and  competent  staff  of  parole  officers,  because  the  man 
once  in  prison,  even  though  he  has  earned  an  early  release  because  of  ad- 
vancement made  by  him  in  prison,  starts  out  with  the  great  handicap  of 
having  been  in  prison,  a  handicap  in  his  loss  of  confidence  in  hirriself  and  a 
still  greater  handicap  because  of  the  prevailing  lack  of  confidence  in  him 
by  the  average   individual  in  the  community. 

Any  danger  threatening  the  physical  and  moral  welfare  of  our  people 
strikes  at  the  very  source  of  our  strength  and  at  the  very  heart  of  the  na- 
tion. Their  physical  and  moral  strength  must  be  protected  at  any  cost,  so 
that  if  ever  the  principles  of  our  government  which  guarantee  the  liberty 
and  freedom  of  our  people  are  threatened,  the  people  themsleves — in  their 
OW'U  strength  of  character  and  saneness  of  mind — will  overcome  the  danger 
through  their  devotion,  loyalty,  and  patriotism  to  the  institutions  of  our  land. 

Therefore,  if  we  bring  home  to  the  public  through  the  medium  of  the 
press  (the  greatest  agencj^  for  progress  that  this  countr}^  has,)  the  problems 
underlying  the  criminal  conditions  of  the  present  day,  effecting  the  bone  and 
sinew  of  our  government — namely,  the  welfare  of  its  citizens,  their  young 
sons  and  daughters — the  people  will  realize  the  wisdom  of  dealing  wnth  the 
juvenile  offender  and  the  young  adult  offender,  not  only  as  a  wrong-doer,  but 
as  one  in  special  need'of  care  and  protection.  As  a  consequence  the  people 
will  not  only  grant,  but  demand  the  expenditure  of  sufficient  moneys — first, 
to  maintain  a  juvenile  court  with  its  every  agency  full}'-  developed,  not  onlj' 
in  one  state  or  part  of  a  state,  but  for  the  benefit  of  the  people  in  every  state 
and  ever}"-  part  of  each  state  ;  second,  to  obtain  the  full  benefit  of  a  properly 
maintained  and  equipped  parole  and  probation  sj'stem;  to  the  end  that  there 
may  be  conserved  for  the  continued  welfare  of  our  people  their  virility, 
energy,  and  morality. 


49 


METHODS    AND   RESULTS   OF    ADMINISTRATION 

[By   John    L.   Whitman,   Superintendent   of    Prisons.] 

Note:  This  paper  was  presented  by  the  Superintendent  of  Prisons  of  the  Division  of 
Prisons  of  the  Department  of  Public  Welfare  at  the  twelftli  annual  meeting  of  the  American 
Institute  of  Criminal  Law  and  Criminology  held  at  Indianapolis,  September  17,  1920.  It  has  to 
deal  with  the  methods  and  results  of  the  administration  of  the  Illinois  parole  law  under  the 
Division  of  Pardons  and  Paroles.  Mr.  Whitman,  as  Superintendent  of  the  Division  of  Prisons, 
was  assigned  by  the  Director  of  the  Department  of  Public  Welfare  as  an  associate  of  the  Superin- 
tendent of  the  Division  of  Pardons  and  Paroles  under  the  co-operative  plan  adopted  by  the 
Department  of  Public  Welfare. 


In  Illinois,  the  Civil  Administrative  Code,  which  brought  into  being  the 
Department  of  Public  Welfare  July  1,  1917,  makes  possible,  for  the  first  time 
in  the  historj'  of  that  state,  a  real  and  effective  co-operation  between  the 
prison  management  and  the  administration  of  the  parole  law,  without  which 
co-operation,  the  best  results   could  not  obtain. 

The  Division  of  Prisons,  and  the  Division  of  Pardons  and  Paroles,  each 
a  part  of  the  Department  of  Public  Welfare,  I  am  pleased  to  be  able  to  say, 
work  in  hearty  accord,  and  to  the  same  end,  as  evidence  of  which,  better 
results  in  the  administration  of  the  parole  law  are  obtained  each  year;  and 
the  policies  of  the  Division  of  Prisons  iti  dealing  with  prisoners  are  being 
recognized  by  the  Division  of  Pardons  and  Paroles  in  the  following  pro- 
cedure, as  a  necessary  course  for  the  preparation  for  parole  : 

1.  Study  of  mental,  physical,  and  social  characteristics  of  prisoners. 

2.  Classification,  according  to  needs  and  abilities  of  individual  prisoners. 

3.  Operation  of  a  Progressive  Merit  System  working  toward  freedom. 
This  Progressive  Merit  System,  being  a  thing  that  is  entirely  visible  to 

the  prisoners,  serves  to  maintain  discipline  and  promote  industry,  as  well 
as  to  fit  the  prisoners  for  successful  careers  in  after  life  ;  and  provides  that 
they  pass  through  the  following  stages  while  in  preparation  for  freedom: 

a. — Confinement  within  the  prison,  and  subjection  to  all  the  prison  rules, 
with  very  little  if  any  personal  responsibilit)-. 

b. — Increasing  opportunit)'^  to  merit  more  confidence  on  the  part  of 
prison  authorities,  by  strict  application  to  industry  and  adherence 
to  prison   regulations. 

c. — Positions  of  trust  within  the  prison  walls. 

d. — Life  in  cottages  outside  the  prison  walls  ;  under  supervision  of 
the  prison  officials. 

e.— Work  on  the  prison  farm,  without  guards. 

f. — Parole. 

g. — Freedom. 

Under  this  plan  more  importance  is  attached  to  character  building  than 
to  the  mere  serving  of  time — or  in  other  words — the  plan  is,  when  carried 
out,  in  reality  a  course  of  preparation  for  parole  and  ultimate  freedom, 
which  can  reasonably  be  expected  to  develop  the  qualifications  necessary 
to  good  citizenship. 

The  Division  of  Pardons  and  Paroles  is  guided  by  the  progress  made 
under  the  merit  system  in  fixing  the  date  when  the  case  of  a  prisoner  will 
be  considered.  Then  the  nature  of  the  charge,  the  previous  history,  and 
the  prisoner's  mental  attitude,  as  well  as  the  progress  made  under  the  merit 
system,  are  an  aid  to  the  Division  of  Pardons  and  Paroles  in  concluding 
upon  the  length  of  time  it  will  take  to  complete  the  course  of  preparation 
and  at  the  same  time  be  a  punishment,  by  way  of  confinement  in  prison, 
that  will  be  commensurate  with  the  crime  committed. 

WORK  OF  PRISON  STAFF 

The  principles  and  provisions  of  the  Progressive  Merit  System  are,  in 
each  of  the  penal  institutions  of  the  state,  carried  out  by  a  staff  (which  is 
composed  of  the  warden,  his  assistant,  the  physician,  psychiatrist,  psychol- 


50 

ogist,  and  at  least  two  of  the  subordinate  prison  officials  who  are  in  personal 
contact  with  the  prisoners  constantly,  and  have  intimate  knowledge  of  their 
natural  inclinations  and  habits. 

This  staff  meets  daily,  and  their  deliberations  and  conclusions  are 
minutely  recorded  by  a  secretary.  It  considers  cases  and  interviews  pris- 
oners at  regular  intervals,  as  progress  or  lack  of  progress  is  shown,  as  well 
as  new  cases. 

Thus,  there  are  (or  should  be)  no  misunderstandings  between  the  pris- 
oners and  the  staff.  Each  prisoner  is  told  just  what  he  may  or  may  not  do; 
what  is  expected  of  him;  and  what  he  must  learn  before  freedom  is  given 
him  through  the  operation,  in  his  case,  of  the  parole  law. 

While  the  law  does  not  permit  of  a  parole  in  any  case  until  the  mini- 
mum sentence  of  at  least  one  year  shall  have  been  served;  yet  during  all 
that  year  the  staff  is  studying  the  individual— really  gathering  and  record- 
ing valuable  information  which,  upon  being  furnished  to  the  Division  of 
Pardons  and  Paroles,  enables  it  to  pass  intelligently  upon  the  case  and 
determine,  with  a  reasonable  amount  of  assurance,  whether  or  not  the  pris- 
oner is  apt  to  become  a  fit  subject  for  parole,  and  if  so,  how  long  a  course 
of  training  should  be  given  him. 

Immediately  upon  commitment  of  a  convicted  person  he  or  she  is 
thoroughly  examined  by  the  physician,  psychiatrist,  and  the  psychologist, 
each  of  whom  prepares  a  report  of  his  findings,  which  they  submit  for  the 
consideration  of  the  staff — of  which  they  are  a  part.  With  this  information 
before  it,  the  staff,  without  delay,  calls  the  prisoner  into  conference,  at 
which  time  the  Progressive  Merit  System  is  fully  explained,  and  the  pris- 
oner's ability  along  industrial  lines  is  considered.  His  mental  and  physical 
qualifications  are  taken  into  consideration,  and  a  work-program  is  decided 
upon  which,  in  the  judgment  of  the  staff,  will  help  him  to  assume  a  better 
mental  attitude  (if  that  is  needed)  ;  and  then,  possibly,  the  individual  atten- 
tion the  staff  will  give  him  later  on,  will  result  in  or  be  the  means  of  giving 
to  the  prisoner  a  more  correct  viewpoint  of  life  than  he  had  entertained 
before.  The  Progressive  Merit  System  also  provides  that  progress,  or  lack 
of  progress  along  these  lines  shall  be  recorded  for  the  benefit  of  the  Division 
of  Pardons  and  Paroles. 

CLASSIFICATION  OF  PRISONERS 

Prisoners  are  divided  into  five  grades  :  A,  B,  C,  D,  and  E.  Upon  com- 
mitment, each  prisoner  is  assigned  to  Grade  C,  and  is  eligible  for  promotion 
into  Grade  B  after  a  period  of  three  months.  Each  prisoner  must  show 
steady  progress  in  Grade  B  for  three  months  before  advancement  into 
Grade  A,  then  progress  must  continue  for  three  months  before  they  become 
eligible  for  a  hearing  before  the  Division  of  Pardons  and  Paroles. 

The  basis  of  markings  in  workmanship  includes  :  sincerity  of  effort  to 
produce  results,  as  well  as  the  amount  and  character  of  work  produced. 

The  basis  of  markings  in  behavior  includes,  not  only  the  gradings  of  the 
keeper,  but  staff'  judgment. — after  considering  the  mental  and  physical 
capabilities  of  the  prisoner,  together  with  the  general  attitude  and  honesty 
of  purpose  displayed. 

Failure  on  the  part  of  the  prisoner,  which  is  shown  by  percentage 
markings,  causes  promotion  to  be  withheld,  or  demotion  into  a  lower  grade, 
in  accordance  with  rules   formulated  to  govern  the  activities  of  the  staff. 

Advantages  or  penalties,  by  way  of  gain  or  loss  of  time  to  be  served,  are 
attached  to  each  grade,  except  that  while  in  Grade  C  the  prisoner  must 
serve  "flat  time". 

If  the  prisoner  has  not  advanced  through  Grade  C,  B,  and  A  in  accord- 
ance with  the  rules  of  the  staff,  he  is  not  eligible  for  a  hearing  before  the 
Division  of  Pardons  and  Paroles,  even  though  he  may  have  served  the  mini- 
mum sentence  provided  for  his  crime. 

It  is  possible,  however,  for  the  prisoner  to  gain  promotion  and  rnaintain 
such  a  grade  under  the  Progressive  Merit  System,  as  to  entitle  him  to  a 
hearing  before  the  Division  of  Pardons  and  Paroles  in  eleven  months^ 
which  is  the  statutory  minimum  in  most  of  the  cases. 


51 

But  whether  he  comes  before  the  division  in  eleven  months,  or  at  a 
later  time,  the  division  has  before  it  the  record  of  the  prisoner,  v^^hich  is  the 
result  of  a  comprehensive  study  pursued  for  at  least  a  year,  from  different 
angles,  by  the  psychiatrist,  psychologist  and  other  prison  officials.  Finally, 
their  opinions  are  combined  into  a  judgment,  which  is  verified  by  the  records 
of  the  staff  operating  the  Progressive  Merit  System. 

CO-OPERATION  UNDER  THE  SYSTEM 

The  staff  does  not  consider  the  penalty  to  be  fixed  or  the  crime  com- 
mitted. It  has  simply  studied  the  individual,  and  endeavored  to  conclude 
from  that  study  what  might  be  reasonably  expected,  so  far  as  his  future 
conduct  is  concerned. 

The  Division  of  Pardons  and  Paroles  does  consider  the  crime  and  the 
previous  criminal  history  or  record  of  the  prisoner,  as  well  as  the  staff 
findings,  which  may  indicate  that  the  prisoner  should  undergo  treatment 
that  may  take  several  years  to  administer.  So  a  time  (within  the  maxi- 
mum) is  fixed  by  the  Division  of  Pardons  and  Paroles  for  the  prisoner 
to  serve,  which  will  be  reduced — or  lengthened — depending  upon  the  effort 
or  lack  of  effort  on  the  part  of  the  prisoner  to  properly  prepare  himself  for 
good  citizenship. 

When  the  time  for  release,  as  fixed  by  the  Division  of  Pardons  and 
Paroles  (less  whatever  time  maj^  have  been  earned  through  the  operation 
of  the  Progressive  Merit  System)  approaches,  preparations  are  made  for 
the  prisoner  to  go  out  upon  parole — properly  sponsored,  and  with  a  job  to 
go  to. 

The  state  of  Illinois  provides  for  an  organization  to  assist  the  Superin- 
tendent of  the  Division  of  Pardons  and  Paroles  in  making  these  prepara- 
tions, and  in  exercising  supervision  over  paroled  prisoners,  which  organiza- 
tion is  composed  of  two  assistant  superintendents,  a  chief  parole  agent,  an 
assistant  chief  parole  agent,  one  supervisor  of  paroles  at  each  of  the  penal 
institutions,  and  twenty  parole  agents,  located  in  different  parts  of  the  state. 

In  order  to  facilitate  the  work  of  supervision  the  state  is  divided  into 
ten  districts,  with  a  headquarters,  and  at  least  one  parole  agent  in  each 
district. 

The  chief  parole  agent  works  out  of  the  main  office  of  the  Division  of 
Pardons  and  Paroles,  at  Springfield,  which  is,  incidentally,  the  headquarters 
for  the  district  in  which  Springfield  is  located.  The  assistant  chief  parole 
agent  is  in  charge  of  the  Chicago  office,  which  is  the  headquarters  for  the 
district  comprising  the  twelve  northern  counties  of  the  state,  including 
Chicago  and  Cook  county.  At  least  six  parole  agents  are  assigned  to  work 
out  of  this  office,  in  addition  to  the  one  in  charge. 

WORK  OF  PAROLE  AGENTS 

The  work  of  these  parole  agents  in  Chicago  is  supplemented  by  the 
assistance  of  six  detective-sergeants  assigned  to  work  out  of  the  parole 
office  by  the  chief  of  police  of  the  city  of  Chicago,  under  an  arrangement 
made  between  the  Division  of  Pardons  and  Paroles  and  the  chief  of  police, 
for  the  dual  purpose  of  having  ample  supervision  over  the  paroled  prisoners, 
and  to  detect  them  quickly  if  they  are  inclined  to  commit  crime,  or  in  any 
way  violate  their  paroles  ;  and  as  means  of  giving  the  police  department 
information  which  would  obviate  the  necessity  of  mentioning  "paroled 
prisoners"  in  "drag-net"  orders  sent  out  by  the  police  department,  and  other 
discriminations,  which,  in  the  past,  have  worked  hardships  upon  parolees 
endeavoring  to  live  up  to  their  parole  agreements;  and  which  has  oft-times 
been  the  cause  of  ultimate  violations.  Under  this  plan,  the  co-operation  with 
the  police  department  of  the  city  of  Chicago  has  worked  out  fairly  well  and 
in  some  respects  exceedingly  well. 

WORK  WITH   COMMITTING  AUTHORITIES 

In  other  large  cities  of  the  state,  such  as  East  St.  Louis,  Springfield, 
Rock  Island,  Peoria,  Moline,  and  Streator,  this  sort  of  co-operation  has  led 
to  the  chiefs  of  police,  state's  attorneys,  and  other  public  officials  taking  an 


52 

interest  in  the  administration  of  the  parole  law.  In  some  of  the  cities  men- 
tioned, the  chiefs  of  police  act  as  sponsors  for  paroled  prisoners,  while  in 
other  localities  the  state's  attorneys  act  in  a  similar  capacity. 

State's  Attorney  Andrews  of  Coles  county,  has,  at  various  times, 
expressed  considerable  pride  in  the  fact  that  there  has  never  been  a  viola- 
tion of  parole  in  cases  in  which  he  has  acted  as  sponsor. 

This  co-operation  of  public  officials  does  not  mean  that  there  is  a  "police 
supervision"  exercised  over  parolees  ;  but  rather  a  "friendly",  "big-brotherly" 
supervision,  which  proves  to  be  of  the  greatest  benefit  to  parolees  who 
honestly  desire  to  live  up  to  their  parole  agreements. 

In  spite  of  the  newspaper  comments  to  the  contrary,  even  in  Chicago, 
the  co-operation  given  by  the  police  departments  is  fast  becoming  more  of  a 
"friendly"  supervision — getting  away  from  the  old-time  idea,  which  meant 
the  arrest  of  parolees  whenever  and  wherever  they  were  seen. 

Some  prisoners  are  fortunate,  in  that  they  have  homes  to  go  to,  and  rela- 
tives or  responsible  friends,  who  are  willing  to  render  assistance  by  seek- 
ing employment  and  securing  a  sponsor  for  them  when  the  time  comes  for 
them  to  be  paroled.  When  this  is  done,  and  investigation  by  a  parole  agent 
discloses  it  to  be  satisfactory  in  every  way,  it  is  approved  by  the  supervisor, 
of  paroles  of  the  particular  institution  in  which  the  prisoner  is  confined, 
and  a  parole  agreement  is  entered  into  between  the  Division  of  Pardons  and 
Paroles  and  the  prisoner  about  to  be  released.  It  remains  then,  with  the 
parole  agents  to  see  that  it  is  carried  out. 

But  in  order  that  proper  sponsors  and  jobs  may  be  secured  for  those 
M'ho  have  no  means  of  getting  help  along  that  line,  the  parole  agents  in  the 
several  districts  are  required  to  keep  in  touch  with  conditions  in  their  re- 
spective districts — the  demand  for  work  of  all  kinds,  as  well  as  the  possibility 
of  finding  suitable  homes  for  parolees. 

SUPERVISION  OF  PAROLEES 

The  parole  supervisors  notify  or  instruct  the  parole  agents  in  one  or 
more  districts  (when  it  is  thought  advisable)  that  certain  prisoners  have 
been  ordered  paroled,  and  that  sponsors  and  jobs  are  sought  for  them.  A 
rather  minute  discription  of .  the  prisoners  are  given,  their  condition  of 
health  is  noted,  and  their  ability  to  do  certain  kinds  of  work  is  emphasized. 
The  parole  agents  experience  but  little  difficulty  in  finding  proper  sponsors, 
the  right  kind  of  jobs,  and  suitable  homes. 

By  holding  the  parole  agents  responsible  for  what  they  do  in  matters 
of  this  kind,  the  trouble  and  difficulties  formerly  had  because  of  irrespon- 
sible sponsors  and  employes,  is  not  experienced  now.  However,  parole 
agents  frequently  find  it  advisable  to  transfer  a  parolee  from  one  sponsor 
to  another,  or  from  one  job  to  another;  but  in  most  of  the  cases,  when  a 
transfer  is  made,  it  is  because  the  parolee  has  shown  the  ability  to  hold  a 
better  position,  or  to  assume  greater  responsibility — and  not  because  the 
sponsor  or  employer  have  become  dissatisfied. 

The  parole  agents  in  a  district  supervises  parolees  from  all  the  penal 
institutions   in   the   state,  who.  are  located   in   his   particular  district. 

When  a  parolee  is  released,  he  reports  to  the  sponsor  and  the  employer 
previously  arranged  for  by  the  parole  agent,  after  which  an  arrival  report 
is  mailed  back  to  the  institution  supervisor  of  paroles,  endorsed  by  both 
the  sponsor  and  the  employer.  Thereafter,  a  report  is  sent  to  the  supervisor 
of  paroles  on  the  first  day  of  each  month,  which  report  contains  a  detailed 
account  of  earnings  and  expenditures  ;  and  this  report  must  be  endorsed  by 
the  sponsor  and  the  employer,  as  to  its  correctness.  In  the  meantime,  the 
parole  agent  either  visits  the  parolee,  or  investigates  the  progress  he  is 
making  at  least  once  every  month — or  oftener — if  circumstances  justify  or 
require  it. 

The  parole  agents  make  daily  reports,  in  duplicate,  upon  all  parolees 
visited  or  investigated  by  them  during  the  day,  a  copy  of  which  is  sent  to 
the  supervisor  of  paroles  of  the  institution  from  which  the  parolee  was  re- 
leased, and  the  other  to  the  chief  parole  agent  at  the  main  office  at  Spring- 
field. 


53 

If  a  parolee  has  defaulted,  or  is  missing,  the  sponsor  or  the  employer 
notifies  the  parole  agent  in  the  district,  the  chief  parole  agent,  or  the  super- 
visor of  paroles  at  the  institution.  In  either  case,  notice  is  subsequently 
sent  out  to  all  parole  agents,  advising  that  a  certain  parolee  has  violated. 
This  notice  is  accompanied  by  a  photograph  and  description  of  the  defaulter 
— and  the  parole  agent,  incidental  to  his  other  work,  searches  for  the  de- 
faulter. 

At  the  end  of  each  month,  the  parole  agents  make  a  monthly  report 
showing  the  number  of  parolees  in  their  district  from  all  the  institutions  ; 
how  many  times  they  have  visited  or  investigated  parolees  ;  what  transfers 
have  been  made,  the  number  and  character  of  violations,  as  well  as  any 
suggestions  or  recommendations  they  may  deem  advisable  or  necessary. 
These  reports  must  check  and  coincide  with  monthly  reports  of  the  parole 
supervisors  of  the  different  institutions,  and  are  considered  by  the  Division 
of  Pardons  and  Paroles  at  the  regular  monthly  sessions  at  the  institutions. 

With  this  data  before  it,  the  Division  of  Pardons  and  Paroles  is  enabled 
to  give  specific  directions  to  the  parole  supervisors,  which,  in  turn,  is  trans- 
mitted to  the  parole  agents  concerned. 

CONSIDERED  BEST  METHOD 

While  the  organization  I  have  thus  briefly  outlined  is  somewhat  new, 
it  has  been  in  operation  sufficiently  long  to  give  evidence  of  improvement 
over  previous  methods  and  results.  It  had  its  basis  in  the  enactment  of  the 
Civil  Administrative  Code,  which  became  effective  July  1,  1917.  During  the 
two  }^ears  following  this  date,  while  the  organization  was  being  perfected  in 
some  respects,  there  had  been  very  inadequate  provisions  made  by  the  legis- 
lature by  way  of  a  sufficient  amount  of  help  necessary  to  produce  the  best 
results.  However,  v/e  were  enabled  to  make  such  demonstrations  as  justified 
the  last  legislature  in  appropriating  funds  requisite  to  ol:)tain  the  desired 
help;  so  it  has  only  been  since  July,  1919,  that  the  organization  has  had  the 
opportunity  to  demonstrate  its  full  worth. 

In  the  meantime,  it  has  been  necessary  to  overcome,  in  some  localities, 
and  especially  in  Chicago,  a  very  strong  prejudice  against  the  parole  law, 
which  prejudice  was  created,  not  so  much  because  of  the  manner  in  which 
it  was  previously  administered  (as  it  is  claimed)  but  because  of  the  fact 
that  heretofore  there  was  not  the  close  and  consistent  supervision  which 
is  now  exercised  and  consequently,  it  could  not  be  proven  that  the  state- 
ments made  by  those  who,  for  reasons  not  understood,  were  opposed  to  the 
parole  law  were  false. 

In  times  past,  it  has  been  sensationally  heralded  throughout  the  state 
(if  not  the  country)  that  the  Illinois  parole  law  or  its  administration  was 
responsible  for  the  crime  waves  in  Chicago.  It  was  only  after  adequate 
supervision  could  be  given,  and  actual  facts  ascertained,  that  statements  of 
that  kind  could  be  disproved  and  parolees  who  were  deserving  protected 
against  unjust  attacks. 

I  have  reasons  to  believe  that  now  it  is  being  learned  by  many  that  the 
public  sentiment  aroused  against  the  parole  law  of  Illinois  was  due  to  mis- 
statements made  publicly,  which  were  engendered  by  a  lack  of  reliable  in- 
formation— to  say  the  least. 

During  the  winter  and  spring  of  this  year  much  was  said  publicly  in 
Chicago  about  the  bad  effect  of  the  parole  law;  and  the  public  was  led  to 
believe  that  the  crime  wave  then  prevalent  in  Chicago  was  due  largely  to 
the  presence  of  paroled  prisoners  in  the  city — and  the  inference,  at  least, 
was  that  they  came  from  Joliet. 

THE   REAL  FACTS 

Here  are  the  facts,  which  I  quote  from  the  semi-annual  report  of  the 
supervisor  of  paroles  of  the  Illinois  State  Penitentiary  at  Joliet,  dated 
June  30,  1920: 

"Fifty-eight  prisoners  released  on  parole  into  the  first  district  (including 

the  city  of  Chicago)  since  January  1,  1920. 
"One  charged  with  the  commission  of  a  crime,  awaiting  trial  in  the  Cook 
county  jail. 


54 

"One  suspected  of  having  committed  a  crime — at  large. 

"Three  were  returned  to  the  prison — conduct  unsatisfactory — technical 
violators. 

"The  remaining  fifty-three  are   serving  their  paroles,  and  are  in  good 
standing." 

In  addition  to  this,  there  were  141  prisoners  on  parole  from  Joliet  in  the 
first  district  on  January  1,  1920.  Of  this  number,  12.06  percent  violated  their 
paroles  in  one  way  or  another,  most  of  them  technical  violators.  None  were 
charged  with  the  commission  of  serious  crimes. 

This  would  make  only  199  prisoners  in  the  first  district  from  Joliet,  and 
to  put  the  worst  construction  possible  upon  the  conduct  of  the  small  per- 
centage whose  conduct  was  unsatisfactorj'  would  not  justify  such  criticisms 
of  the  parole  law  as  were  made  publicly. 

There  was,  at  the  same  time,  a  smaller  number  of  paroled  boys  from  the 
Illinois  State  Reformatory  at  Pontiac  in  the  first  district,  with  about  the 
same  percentage  of  violations.  Inasmuch  as  Joliet  and  Pontiac  are  the  only 
institutions  which  send  paroled  prisoners  into  the  first  district,  the  sum 
total  of  parolees  in  that  district  was  less  than  400;  with  not  more  than  40 
violations  of  paroles.  They  assuredly  were  not  (and  our  records  give  posi- 
tive proof  that  they  were  not)  to  anj^  noticeable  extent,  responsible  for  the 
so-called  "crime-wave"  in  Chicago  during  the  winter  and  spring. 

Of  the  total  643  prisoners  released  upon  parole  from  Joliet  and  Pontiac, 
during  the  j-ear  ending  August  31,  1920: 

2)1  or     5.75  percent  were  returned  to  the  institutions  from  which  they 
were  released,  for  technical  violations. 

54  or    8.40  percent  defaulted,  and  are  at  large. 

10  or     1.55  percent  were  committed  to  other  institutions  including  jails. 
5  or      .78  percent  were  returned  to  institutions  from  which  the}'^  were 
released,  on  new  sentences. 
537  or  83.52  percent  gave  entire  satisfaction. 

It  was  claimed  recently  that  during  the  last  five  years  more  prisoners 
were  paroled  into  Cook  county,  Chicago,  than  were  committed  to  the  prisons 
from  that  count}^  The  records  of  the  institutions  have  been  checked  thor- 
oughly, and  this  has  been  found  untrue. 

The  records  will  show  that  during  the  five  years,  1,539  persons  were  re- 
ceived from  Cook  county  at  the  Illinois  State  Penitentiary  at  Joliet;  and 
that  during  that  same  period,  1,218  were  paroled  to  Cook  county. 

In  the  same  period,  1,404  persons  were  received  in  the  Illinois  State  Re- 
formatorjr  at  Pontiac  from  Cook  county;  and  895  were  paroled  to  Cook 
count}^  in  the  same  length  of  time. 

It  is  quite  often  the  case  that  those  committed  from  Chicago  have  no  real 
home  there,  and  the  Division  of  Pardons  and  Paroles  finds  that  it  would  be 
to  the  best  interest  of  the  prisoner  to  serve  his  parole  elsewhere.  Conse- 
quently that  is  done,  which  accounts  for  the  comparatively  small  number  of 
prisoners  paroled  to  Cook  county. 

Occasionally  those  committed  from  Cook  county  have  such  a  history  or 
record  there  as  plainly  indicates  that  thej^  would  have  difficulty  if  returned 
there  to  serve  a  parole.  In  such  cases,  the  Division  of  Pardons  and  Paroles 
orders  that  they  must  serve  their  paroles  "outside  of  Cook  county"  (Chi- 
cago). The  policy  of  paroling  prisoners  to  localities  where,  it  is  believed, 
they  will  be  better  able  to  rehabilitate  themselves,  is  consistenth^  carried  out. 

DEFINITE  SENTENCE  PAROLE 

An  amendment  to  the  parole  law  was  enacted,  and  became  effective  in 
1915,  making  it  possible  for  those  serving  definite  sentences  to  be  paroled 
under  certain  conditions. 

The  first  of  the  conditions  is  that  the  prisoner  must  serve  at  least  the 
minimum  of  the  sentence  provided  by  law  for  the  crime  committed. 

Second,  that  the  prisoner  be  required  to  serve  at  least  one-third  of  the 
sentence  imposed  by  the  court. 

For  instance  :  A  prisoner  may  have  been  sentenced  for  the  crime  of 
murder,  to  a  term  of  thirty  years.  The  minimum  for  murder  under  the  Illi- 
nois  statutes   is    fourteen    years,  which,   reduced   by   the    "good-time"   law, 


55 

(provided  it  is  earned)  makes  eight  years  and  three  months.  So  the  pris^ 
oner  would  not  be  eligible  to  make  application  for  a  definite  sentence  parole 
until  after  he  had  served  one-third  of  his  sentence,  which,  in  the  case  out- 
lined, would  be  ten  years.  If  a  parole  was  granted,  the  prisoner  would  be 
required  to  serve  the  maximum  of  his  sentence  on  parole — the  maximum 
sentence  of  thirty  years  is  sixteen  years,  three  months,  allowing  the  good 
time;  so  in  this  case  if  the  prisoner  was  released  at  the  expiration  of  ten 
years,  he  would  be  required  to  serve  six  years  and  three  months  upon  parole. 

A  prisoner  serving  a  life  sentence  is,  under  the  provisions  of  this 
amendment,  eligible  for  a  definite  sentence  parole  after  he  has  served  fully 
twenty  j^ears  (without  allowance  for  "good-time").  Then,  if  paroled,  he  may- 
be required  to  serve  the  remainder  of  his  life  on  parole — if  conditions  and 
circumstances  justify. 

In  long  term  paroles,  such  as  outlined  above,  the  rules  of  the  Division  of 
Pardons  and  Paroles  require  that  the  parolee  report  to  the  parole  supervisor 
at  the  institution  from  which  he  was  paroled,  for  the  first  two  years,, 
monthly;  for  the  following  two  years,  quarterly;  for  the  fifth  year,  semi- 
annually, and  thereafter,  annually,  until  such  time  as  he  shall  in  the  discre- 
tion of  the  Division  of  Pardons  and  Paroles,  be  granted  his  final  discharge. 

OUTSIDE  OF  STATE  PAROLE 

Under  the  1919  amendment  to  the  parole  law,  prisoners  may  be  re- 
leased on  parole  to  their  homes,  outside  the  state  of  Illinois,  under  rules  and 
regulations  as  follows  :  First,  the  sponsor  must  be  a  public  official,  such  as. 
the  mayor  or  chief  of  police  of  a  city,  or  the  state's  attorney  or  sheriff  of  a 
couiity. 

Great  care  is  exercised  in  securing  employment  for  these  prisoners 
paroled  outside  the  state,  which  is  done  through  correspondence,  by  the 
supervisor  of  paroles.  The  choice  is  subject  to  the  approval  of  the  sponsor^ 
who  agrees  to  keep  the  parolee  under  his  personal  supervision,  and  to  see 
that  he  remains  steadily  employed  at  some  legitimate  business,  during  the 
length  of  the  parole  period.  This  is  necessary  because  of  the  fact  that  there 
are  no  parole  agents  to  supervise  these  outside  the  state  parolees.  It  is  the 
policy  of  the  Division  of  Pardons  and  Paroles  to  release  only  those  outside 
the  state,  whose  actual  residence  is  established  in  the  state  to  which  they 
are  paroled. 

Illinois  was  one  of  the  first,  if  not  the  first  state,  to  enact  a  parole  law. 
That  was  about  twenty-five  years  ago;  and  the  official  records  showing  the 
results  of  its  operation  since  that  time,  are  conclusive  evidence  of  its  effi- 
cacy and  consequent  advantages  to  the  state  over  the  definite  sentence  law. 
I  might  produce  a  volume  of  figures  to  prove  this,  but  I  doubt  the  necessity- 
of  that  before  this  audience.  Suffice  it  to  say,  that  the  percentage  of  recidi- 
vism has  been  materially  reduced,  and  that  prisoners  are  now  being  re- 
leased from  prison  under  such  supervision  as  makes  it  possible  and  proltable 
that  they  can  and  will  profit  by  the  training  they  received  in  prison,  and 
develop  into  better  citizens. 

All  the  various  features  of  the  Illinois  parole  law  as  it  now  stands,  are 
being  administered  with  great  care,  and  good  results.  The  law  is  being 
administered  by  men  who  give  all  their  time  and  attention  to  some  particu- 
lar phase  of  the  work. 

The  Superintendent  of  the  Division  of  Pardons  and  Paroles  has,  as 
associates  who  sit  with  him  as  a  pardon  or  parole  board,  the  Assistant 
Director  of  the  Department  of  Public  Welfare,  the  Superintendent  of 
Prisons,  and  the  Criminologist,  all  of  whom  are  on  the  staff  of  The  Depart- 
ment of  Public  Welfare. 

We  believe  that  the  essential  things  to  be  considered  in  perfecting  the 
best  possible  plan  to  produce  desired  results  from  the  operation  of  the 
parole  law,  is,  first,  the  mental  health  problem  presented  by  a  certain  per- 
cent of  mental  defectives  to  be  found  in  any  prison  population  ;  then  the 
preparation  cf  prisoners  for  parole  while  they  are  in  prison,  as  outlined  in 
this  paper;    and,  finally  wise  and  consistent  supervision  that  will  give  the 


56 

finishing  touches  to  the  work  of  returning  convicted  persons  to  society,  as 
citizens  who  will  at  least,  not  be  a  menace. 

It  should  be  kept  in  mind  that  a  very  large  percentage  of  those  who  are 
sent  to  prisons  must,  m  the  course  of  a  few  years,  be  released,  in  accordance 
with  the  statutes,  and  consequently,  much  thought,  attention  and  effort 
should  be  given  to  the  possibility  of  returning  them  to  society  as  good 
citizens. 

This  is  what  we  are  doing  in  Illinois. 


HAMILTON   CLUB   ADDRESSES 


PRISON   ADMINISTRATION   AND   PAROLE 

[By  John  L.  Whitman,  Superintendent  of   Prisons.] 

Note:  The  following  is  an  address  delivered  by  the  Superintendent  of  Prisons  before  tlie 
Hamilton  Club  of  Chicago  on  December  19,  1919.  This  meeting  was  the  result  of  a  meeting  held 
two  weeks  previously  at  which  :Mr.  Thomas  Mott  Osborne  was  the  chief  speaker.  In  the  course 
of  Mr.  Osborne's  address  he  made  some  very  severe  criticisms  of  the  administration  of  certain 
penal  and  reformatory  institutions  of  the  state  of  Illinois.  The  club  thought  it  only  proper  and 
right  that  those  responsible  for  the  conduct  of  the  Illinois  institutions  should  be  given  an  oppor- 
tunity to  answer  these  charges.  In  response  to  the  invitation  of  the  club,  Mr.  Whitman  and 
Judge  J.  E.  McClure,  .Assistant  Director  of  the  Department  of  Public  Welfare,  responded.  The 
first  of  these  is  the  address  by  Mr.  ^^'hitman. 


Mr.  Chairman,  Gentlemen  of  the  Hamilton  Chib,  and  Friends:  From  the 
number  seated  around  this  table  and  mentioned  upon  your  program,  we  do 
not  wish  to  leave  the  impression  upon  j'ou  that  we  have  any  desire  to 
throttle  your  constructive  criticism  of  what  is  being  done  in  the  state  insti- 
tutions or  in  the  administration  of  the  laws  of  the  state;  we  welcome  it. 
We  come  here  because  we  feel  that  there  is  more  or  less  confusion  in  the 
minds  of  the  people,  especially  here  in  Chicago,  due  largelj^  to  conditions 
which  apparently  have  aroused  an  adverse  public  sentiment  against  the 
administration  of  the  laws,  I  say  there  seems  to  be  a  confusion  of  thought, 
so  it  is  our  purpose  to  simpl}'  give  you  facts  and  I  will  not  attempt  to  occupy 
more  time  than  is  necessary  to  give  you  some  salient  facts  that  will  tend 
toward  clearing  up  the  confusion  in  your  minds.  We  believe  that  this  is 
important,  that  every  citizen  should  give  serious  thought  to  matters  that 
pertain  to  the  public  welfare,  and  not  be  blinded  or  confused  b}^  statements 
given  out  from  an  irresponsible  source,  or  bj^  information  that  eminates 
from  a  selfish  or  personal  motive.  I  would  like  to  call  your  attention  to  the 
sort  of  publicity  that  confuses  the  public  mind  on  matters  that  are  of  vital 
interest  to  the  people,  who  should  be  given  facts  where  publicity  is  resorted 
to. 

CITES    ONE    INSTANCE 

Less  than  thirty  days  ago,  the  friends  or  family  of  a  man,  an  inmate  of 
the  Joliet  penitentiary  caused  to  be  inserted  in  one  of  the  Chicago  news- 
papers an  advertisement  stating  that  there  would  be  a  petition  for  com- 
mutation filed  with  the  Division  of  Pardons  and  Paroles,  to  be  considered 
at  its  January,  1920,  meeting.  Some  enterprising  newspaper  man,  after 
reading  tlie  advertisement,  apparently  came  to  the  conclusion  at  once  that 
this  individual  was  to  be  paroled,  and  proceeded  to  write  an  article  about 
the  inadvisaliility  of  paroling  men,  in  spite  of  the  fact  that  relief  was  being 
petitioned  for  under  the  pardon  or  commutation  act,  attacking  even  the 
parole  law.  He  also  thought  it  wise  to  interview  certain  public  officials 
here  in  Chicago,  who  had  previously  expressed  themselves  in  opposition 
to  the  parole  law,  and  on  this  occasion  were  quoted  as  saying  that  the  parol- 
ing of  such  men  might  well  be  expected  when  it  was  taken  into  consideration 
that  there  were  soft-hearted  wardens  in  charge  of  our  penal  institutions 
and  the  Division  of  Pardons  and  Paroles  was  made  up  of  sentimental  men. 
About  the  same  time,  if  not  the  same  day,  an  article  appeared  in  another 
daily  iiewspaper,  charging  these  same  men  with  practicing  cruelties  in  the 
administration  of  the  law  ;  and  about  the  same  time  a  man  from  another 
state,  who  was  not  in  possession  of  facts,  was  making  the  same  charge  in 
a  public  address  before  you  men  of  the  Hamilton  Club.  It  is  not  my  pur- 
pose to  comment  upon  these  divergent  criticisms,  more  than  to  suggest 
that  in  view  of  conditions  here  in  Chicago,  it  is  about  time  for  you  to 
make  an  attempt  to  get  actual  facts,  so  that  your  opinions  will  be  based 
upon  reliable  information. 


58 

OPPORTUNITY   FOR  GETTING  THE   FACTS 

Unfortunately  comparatively  few  people  have  the  opportunity  to  get 
first  handed  information  in  regard  to  these  matters  so  it  is  but  natural  that 
conclusions  are  reached  and  opinions  are  sometimes  based  upon  that  sort 
of  information.  I  am  going  to  ask  you  gentlemen  not  to  come  to  such 
hasty  conclusions,  for  there  are  ways  of  getting  at  actual  facts  and  we  ask 
you  to  take  the  pains  to  get  them.  I  want  to  assure  you  that  when  you  do, 
you  will  come  to  the  conclusion  that  the  men  charged  with  the  great  respon- 
sibility of  the  administration  of  the  law  are  not  unduly  sentimental  or 
soft-hearted,  nor  are  they  unduly  cruel,  but  are  really  conscientious.  Speak- 
ing for  myself,  I  shall  resist  with  all  the  power  within  me,  to  prevent  the 
charge  being  proven,  that  I  am  devoid  of  sentiment;  but  so  far  as  the  ex- 
ercise of  sentiment  is  concerned  in  the  work  I  am  doing,  it  is  with  such 
sentiment  as  has  been  inspired,  as  your  chairman  said,  from  thirty  years' 
actual  experience  in  dealing  with  the  problems  we  are  discussing  today. 
We  ask  that  facts  be  considered,  and  that  an  effort  be  made  to  get  at  the 
facts. 

Criticism  based,  to  some  extent  at  least,  upon  mis-statements  of  facts, 
or  because  of  selfish  motives,  caused  the  Chicago  Association  of  Commerce 
some  time  ago  to  conceive  the  plan  of  organizing  a  crime  commission,  for 
the  purpose  of  studying  conditions  responsible  for  crime,  as  well  as  making 
observations  of  the  administration  of  the  laws  and  the  conduct  of  prisons, 
in  order  to  determine  what  the  actual  facts  are.  The  commission  is  going 
about  getting  facts  and  gathering  information  in  a  business-like  way.  A 
committee  of  that  organization  has  spent  considerable  time  investigating 
the  manner  in  which  the  parole  law  is  administered  and  the  prisons  con- 
ducted in  this  state;  and  judging  from  reports  made  to  the  organization, 
which  have  been  published,  and  from  correspondence  with  individuals 
connected  with  it,  the  organization  no  longer  justifies  adverse  criticism  of 
either  the  law  or  its  administration,  which  is  evidence  of  that  value  of 
getting  at  actual  facts  and  making  use  of  them  in  a  sensible  way  in  order 
to  form  an  opinion  or  come  to  a  conclusion. 

THE  CONDITIONS  UNDER  THE  PAROLE  LAW 

I  would  like  to  remind  you  of  a  few  facts  here  today  that  are  worthy 
of  consideration.  You  have  heard  criticism  of  the  parole  law  to  the  effect 
that  prisoners  are  not  confined  in  prison  long  enough  before  being  released 
on  parole.  It  is  of  interest  to  you  to  know  that  men  committed  under  the 
parole  law  of  this  state  are  required,  under  the  administration  of  it,  to 
serve  at  least  double  the  time  that  was  served  under  the  old  definite  sentence 
law,  and  in  addition  to  that  are  required  to  serve  a  year  on  parole.  I  am  not 
offering  this  information  as  an  argument  in  favor  of  or  against  the  parole 
law.  I  don't  know  as  it  is  an  argument  in  favor  of  the  parole  law,  but 
perhaps  it  is  something  you  don't  know.  As  M'e  think  of  that  fact,  we  are 
also  mindful  of  an  impression  that  men  are  being  arrested  more  frequently 
now  for  crimes  of  violence — such  as  robbery  with  a  gun — than  in  the  past. 
The  term,  under  the  parole  law,  of  imprisonment  for  crimes  of  this  kind 
has  been  increased  three,  four,  or  five  times  what  it  was  under  the  definite 
sentence  law.  Can  it  be  because  of  the  longer  term  given,  that  there  is  a 
greater  prevalence  of  these  crimes  or  is  it  due  to  something  else?-  We 
must  keep  in  mind  the  fact  that  during  the  last  four  or  five  years  there  have 
been  influences  at  work,  such  as  have  never  been  known  in  the  world  be- 
fore. There  has  been  propaganda  spread  which  brought  about  conditions 
that  were  never  before  experienced.  Is  it  just  or  right  to  conclude,  with- 
out due  thought  being  given,  to  all  contributory  causes,  that  because  there 
is  a  prevalence  of  a  certain  kind  of  crime  just  now  in  this  city,  that  our 
parole  law  is  wrong? 

ILLINOIS    HAS    BEST    PAROLE    LAW    IN    UNITED    STATES 

We,  in  Illinois,  believe  that  we  have  the  best  parole  law  in  the  United 
States — and  when  we  say  that  we  do  not  say  it  without  having  first  made  a 
study  of  other  laws  in  other  states.    At  any  rate,  the  after-care  that  is  being 


59 

given  to  paroled  men  in  the  state  of  Illinois  aroused  the  interest  and  hearty 
commendation  of  delegates  from  other  states  at  a  meeting  of  the  American 
Prison  Congress  held  recently  in  New  York.  It  was  practically  acknowl- 
edged to  be  the  best  system  in  use  in  the  country. 

Another  thing  I  would  like  to  call  your  attention  to  because  of  state- 
ments made  to  the  effect  that  the  great  majority  of  crime  committed  in  Chi- 
cago is  by  paroled  men.  At  present,  more  than  eighty-eight  per  cent  of  the 
persons  committed  to  Joliet — I  refer  to  Joliet  because  those  convicted  in 
Chicago  are  sent  there — I  say,  eighty-eight  per  cent  of  the  persons  com- 
mitted to  Joliet  are  first  offenders.  Isn't  that  a  surprise  to  you?  By  first 
offenders,  I  mean  they  go  there  to  serve  their  first  term,  not  only  in  Joliet, 
but  anywhere  in  the  country. 

During  the  last  year  of  the  operation  of  the  definite  sentence  law, 
twenty-five  years  ago — I  do  not  mention  this  as  a  matter  of  criticism  of  any- 
one, and  don't  attempt  to  give  a  reason  or  explanation  of  the  fact — but  in 
1894,  twenty-five  years  ago,  the  number  of  persons  committed  to  Joliet  prison 
was  more  than  double  what  it  was  last  year.  The  per  cent  of  first-offenders 
was  then  about  eighty-two  per  cent.  I  speak  of  this  as  an  evidence  of  the 
decrease  in  the  number  of  second-offenders  under  the  operation  of  the 
parole  law. 

FEW    PAROLED    MEN    ARE    INDICTED 

Some  two  years  ago,  a  self-constituted  committee  made  up  of  public- 
spirited  citizens,  lawyers,  judges,  and  police  officers,  including  the  then  chief 
of  police  of  Chicago,  went  to  Springfield  from  Chicago  to  complain  to  the 
governor  about  the  operation  of  the  parole  law.  The  statement  was  made 
at  that  time  by  members  of  the  committee  that  ninetj^  per  cent  of  the  crime 
in  Chicago  was  committed  by  paroled  men,  and  in  verification,  it  was  stated 
that  ninety  per  cent  of  the  cases  presented  to  the  two  previous  grand  juries 
were  against  paroled  men.  Later,  we  checked  up  those  cases,  and  found 
only  nine  indictments  out  of  over  a  thousand  cases,  had  been  found  against 
paroled  men.  Three  of  these  cases  were  later  convicted.  However,  members 
of  succeeding  grand  juries  are  still  persisting  in  making  the  same  statement, 
and  it  probably  is  a  fact  that  the  impression  prevails  among  grand  jurors 
that  it  is  a  fact.  But  it  is  an  erroneous  statement,  and  cannot  be  borne  out 
by  facts. 

Let  me  remind  you  that  during  the  last  year,  only  four  hundred  and 
sixty-one  (461)  persons  were  committed  to  Joliet  from  all  of  the  counties 
that  commit  to  that  institution.  About  two-thirds  of  that  number,  or  three 
hundred  came  from  Chicago.  Not  more  than  that  number  would  be  paroled 
back  to  Chicago.  Our  last  report  shows  that  at  this  time  there  are  just  two 
hundred  and  three  (203)  persons  on  parole  in  the  Chicago  district,  which 
includes  several  counties  besides  Cook  county. 

PAROLED   MEN  ARE  WELL  SUPERVISED 

We  want  to  impress  upon  j^ou  the  fact  that  probably  has  not  been  called 
to  your  attention — that  these  men  on  parole  are  being  well  supervised.  The 
last  legislature  provided  a  sufficient  force  to  give  good  supervision,  and  in 
addition  to  the  state  parole  agents — as  a  result  of  arrangements  made  a 
year  ago  with  the  chief  of  police — we  are  in  the  heartiest  co-operation  with 
the  police  department  of  Chicago.  Six  officers  of  the  police  department, 
selected  by  the  chief  of  police  are  working  out  of  our  office.  Not  that  we 
need  their  help  so  much — but  co-operation  with  them  furnishes  a  means  of 
giving  information  to  properly  authorized  members  of  the  police  department 
in  regard  to  paroled  men  that  will  be  evidence  of  their  effort  to  live  up  to 
their  parole  agreement.  As  a  result  of  that  co-operation,  good  results  are 
obtained.  I  have  here  reports — I  wish  I  had  time  to  read  them — showing 
how  individual  paroled  men  are  succeeding  in  their  endeavors  to  re-establish 
themselves  and  become  good  citizens.  Some  of  them  have  bank  accounts. 
The  police  department  know  this  as  well  as  we  do,  for  they  are  working  out 
of  our  office.  They  also  know  all  about  those  who  are  not  doing  so  well  and 
need  close  supervision. 


60 

REPEATERS  BEFORE  x\ND  AFTER  PAROLE  LAW 

I  want  to  call  your  attention  again  to  the  fact  that  when  the  parole  law 
went  into  effect,  seventeen  and  one-half  (1/5^)  per  cent  of  those  committed 
to  Joliet  were  repeaters.  Now,  after  a  number  of  j^ears'  of  operation  of  the 
parole  law,  the  per  cent  of  repeaters  is  down  to  eleven  per  ceiit.  Food  for 
thought. 

I  have  told  you  that  about  three  hundred  persons  are  paroled  into  Cook 
county  out  of  Joliet,  during  a  year.  From  Joliet  and  all  other  institutions 
of  the  state  there  could  not  be  more  than  five  hundred  a  year.  Have  you 
any  idea  of  the  number  of  cases  presented  to  grand  juries  during  the  course 
of  a  year?  There  are  from  three  to  five  hundred  cases  submitted  to  each 
grand  jury — and  twelve  grand  juries  in  a  3'ear — five  thousand  cases  in  a 
year,  at  least!  Can  it  be  possible  that  ninety  per  cent  of  these  cases  be 
against  paroled  men,  when  there  are  less  than  five  hundred  men  paroled  to 
Chicago  from  all  the  institutions  of  the  state?  And  they  are  supervised, 
as  I  have  told  you,  not  only  by  the  state  parole  agents,  but  by  the  police 
department  as  well. 

However,  I  am  taking  up  too  much  time  ;  but  I  hope  you  will  bear  with 
me  because  the  subject  is  so  important.  I  also  want  to  speak  to  j^ou  briefly 
about  the   Illinois   idea  of  prison  management. 

MEN  SHOULD  BE  PREPARED  WITHIN  THE  PRISON 

Essential  as  it  is  to  provide  proper  supervision  for  paroled  men  outside 
the  prison,  it  is  just  as  important  that  they  be  prepared  while  in  prison,  so 
that  thejr  will  become  fit  subjects  to  safeguard  the  opportunities  they  have 
while  on  parole  to  become  good  citizens,  and  no  longer  be  a  menace  to 
societ}'.  You  will  agree  with  me  that  preparation  and  supervision  are  the 
important  things.  Illinois  has  a  plan  already  in  operation  looking  toward 
this  end.  First,  I  would  like  to  give  to  you  this  thought:  We  are  mindful 
of  all  the  various  classes  that  go  to  make  up  a  prison  population.  W^e  try 
not  to  give  our  thought  and  attention  only  to  one  class  and  forget  about  the 
other  classes.  When  we  consider  them  all  and  recognize  their  disposition 
and  tendencies,  we  come  to  the  conclusion  that  not  more  than  fifteen  per 
cent  are  of  the  vicious  type  that  will  make  much  trouble.  Warden  Murphy 
is  willing  to  concede  there  is  not  over  ten  per  cent;  but  whatever  it  is,  I  in- 
sist that  not  more  than  fifteen  per  cent  are  of  that  type  that  will,  or  do  make 
trouble  in  the  prison  and  have  a  dominating  influence  over  the  other  prison- 
ers. It  is  of  the  greatest  importance  that  they  be  controlled.  There  is  at 
least  twenty-five  per  cent  of  the  prisoners,  who,  if  left  alone  to  follow  their 
natural  inclinations,  will  do  well.  They  have  violated  the  law,  but  want 
to  rehabilitate  themselves  and  get  back  into  good  citizenship  and  do  well. 
If  their  influence  in  the  prison  is  allowed  to  be  felt,  it  would  be  for  good. 
Thej^  would  co-operate  with  the  discipline  enforced,  and  assist  in  maintain- 
ing it.  But  unless  the  fifteen  per  cent  are  controlled  by  the  authorities,  the 
twenty-five  per  cent  are  in  constant  fear  of  them,  and  are  consequently 
dominated  by  their  influence.  The  balance,  or  sixty  per  cent  are  the  ones 
who  are  easily  influenced  one  way  or  the  other. 

MUST  HAVE  CONTROL  OVER  PRISONERS 

It  is  essential  to  the  best  interest  of  all  concerned  that  the  authorities 
have  absolute  control  over  a  prison  population.  If  the}''  do  not,  the  fifteen 
per  cent,  many  of  whom  are  natural  leaders,  will  exert  such  a  vicious  in- 
fluence over  the  others  as  to  neutralize  the  efforts  of  the  authorities  to 
carry  out  the  intention  of  the  law  and  prepare  prisoners  for  ultimate  good 
citizenship. 

If  there  are  forms  of  punishment  resorted  to,  it  is  as  a  last  resort  on 
the  part  of  the  authorities  to  neutralize  the  influence  of  some  of  the  fifteen 
per  cent,  and  with  the  aid  of  the  twenty-five  per  cent,  maintain  a  leadership 
over  the  whole  number,  and  especially  the  sixty  per  cent,  so  that  a  good, 
instead  of  a  vicious  influence  will  predominate.  If  this  is  done,  many  of  the 
fifteen  per  cent  will  finally  be  benefited,  to  the  extent  that  they  see  the  wis- 
dom of  so  conducting  themselves  as  to  be  looked  upon  as  of  the  larger  groups 


61 

most  of  whom  are  preparing  themselves  for  future  useful  careers.  I  do  not 
hesitate  to  say  that  the  solitary  cells  at  Joliet  are  used  as  a  means  of  deal- 
ing with  some  of  the  fifteen  per  cent ;  but  as  I  say,  only  as  a  last  resort ;  and 
as  we  consider  the  best  interest  of  the  whole  population,  we  feel  justified  in 
doing  so.  In  spite  of  what  has  been  said  to  the  contrary,  we  have  nothing 
to  hide  at  Joliet.  Everything  that  is  done  by  way  of  punishment  is  re- 
corded; as  the  law  directs,  and  reasons  given  therefor. 

You  doubtless  know  that  something  over  two  years  ago,  when  Mr. 
Murphy  returned  to  the  prison  as  warden,  he  found  three  companies  of 
militia  there,  trying  to  regulate  the  prisoners,  who  had,  a  short  time  be- 
fore, been  a  riotous  mob.  They  had  burned;  thej^  had  assaulted;  and  had 
defied  all  authority.  The  three  companies  of  militia  were  there,  assist- 
ing in  an  effort  to  restore  order  out  of  chaos.  All  control  had  previously 
been  lost.  We  are  trying  to  regain  it.  It  has  been  a  slow  process,  but  we 
are  making  no  excuses.  We  are  getting  control  and  doing  away  with  harsh 
punishment. 

THE   RIOTS   OF  JUNE   5,   1917,  AT  JOLIET   PRISON 

As  the  bad  effects  of  the  policy  of  a  previous  management  which  was 
responsible  for  what  occurred  at  the  prison  on  June  5,  1917,  has  been  over- 
come, we  have  turned  our  attention  to  the  possibilities  for  the  future.  For- 
tunately, Illinois  had  previously  planned  to  build  a  new  prison.  The  firm 
of  Zimmerman,  Saxe,  &  Zimmerman,  who  are  preparing  the  plans,  spent 
months  and  years  studying  what  prison  construction  should  be.  They  have 
been  all  over  the  world  studying,  and  as  a  result,  Illinois  now  has  a  plan 
for  prison  construction  far  in  advance  of  any  plan  in  the  world.  Some  of  the 
buildings  are  up  now,  and  nearly  three  hundred  prisoners  are  already  on 
the  site  in  one  of  the  new  buildings.  It  is  the  intention  to  so  far  complete 
the  buildings  within  two  years  as  to  permit  of  the  abandonment  of  the  old 
prison   altogether  while  the  balance  of  the  construction  work  is   going  on. 

The  "Illinois  idea"  of  prison  management  is  to  first  luring  about  the  sort 
of  classification  of  prisoners  that  will  make  it  possible  to  give  individual 
attention  and  possibly  treatment  where  it  is  needed — a  classification  that  will 
enable  prisoners  to  make  such  progress  toward  fitting  themselves  for  citizen- 
ship as  they  are  inclined  to  make,  Avith  the  assistance  of  the  prison  officials. 

Illinois  has  approved,  adopted,  and  put  into  operation  as  far  as  possible 
with  facilities  at  hand,  a  Progressive  Merit  System,  a  thing  that  can  be 
made  perfectly  visible  to  prisoners,  and  be  an  encouragement  to  them  in 
fitting  themselves  for  freedom. 

STATE    IS    BUILDING   A    NEW    PRISON 

Illinois  is  now  constructing  a  new  prison,  a  prison  that  will  lend  itself 
to  carrying  out  the  "Illinois  idea"  of  prison  management.  Inside  the 
prison  walls  the  construction  provides  for  at  least  four  distinct  classes  of 
prisoners,  with  opportunities  for  them  to  adapt  themselves  to  a  Progressive 
Merit  System. 

The  first  section  of  the  prison  to  wiiich  prisoners,  when  they  are  com- 
mitted, are  assigned,  is  the  hospital  section  where  all  are  examined  thor- 
oughly as  to  their  mental  and  physical  condition.  Those  who  are  in  normal 
condition  pass  quickly  into  the  next  section.  Those  in  need  of  continued 
observation  remain  in  the  first  section  until  tieatment  is  no  longer  neces- 
sary, and  then  they  pass  to  the  next  section.  Those,  who  because  of  their 
mental  deficiency,  are  not  capable  of  adapting  themselves  to  tlie  Progressive 
Merit  System  are  segregated,  cared  for,  and  treated  in  quarters  where  ade- 
quate facilities  are  provided  for  such  cases,  and  these  quarters  are  situated 
entirely  separate  from  the  other  portion  of  the  prison. 

In  the  second  section  of  the  prison,  prisoners  are  kept  under  rigid 
discipline,  in  safe  and  secure  quarters,  effectually  separated  from  the  other 
sections.  Prisoners  here  are  under  close  observation  and  are  given  no  re- 
sponsibility. However,  their  inclination  to  adapt  themselves  to  habits  of 
industry,  and  to  be  amenable  to  discipline,  is  observed.    It  would  be  possible 


62 

for  those  who  have  an  ambition  to  do  well,  and  to  make  such  a  record  as 
would  justify  favorable  consideration  to  be  given  them  later  on,  to  work  out 
of  this  section  in  a  few  weeks.  Others  will  have  to  be  inspired  to  entertain 
such  an  ambition.  They  may  so  conduct  themselves  as  to  be  promoted  to 
the  next  section;  but  when  given  some  responsibilities,  fail,  it  will  then  be 
necessarj'  to  demote  them,  with  an  opportunity  to  again  make  an  effort  to 
adapt  themselves  to  the  progressive  ideas. 

Some  of  them  have  lived  practically  all  their  lives  in  vicious  surround- 
ings, and  know  nothing  about  the  side  of  life  that  would  enable  them  to  be 
good  citizens.  Unfortunately,  they  must  learn  that  in  prison ;  and  they 
should  also  be  taught  how  to  respect  the  laws. 

WHERE    FIRST    CONSIDERATION    OF    PAROLE    IS    GIVEN 

In  the  third  section  the  larger  number  of  prisoners  are  kept,  and  it  is 
necessary  to  keep  some  of  them  a  long  period  of  time.  It  is  in  this  section 
that  they  first  get  consideration  bj'  the  Division  of  Pardons  and  Paroles. 
In  other  words,  it  is  while  they  are  in  this  section  that  they  are  given  a 
hearing  by  the  Division  of  Pardons  and  Paroles,  who  judge  from  the  in- 
clination already  shown  by  the  prisoner,  and  the  record  he  has  made  on  the 
outside,  how  long  it  will  probably  take  for  him  to  fit  himself  for  parole. 
In  this  section,  the  construction  of  buildings  provides  for  prisoners  being 
given  the  opportunity  of  demonstrating  their  reliability,  as  more  and  more 
responsibility  is  placed  upon  them.  It  is  while  in  this  section  that  it  is 
concluded  by  the  officials  of  the  Division  of  Pardons  and  Paroles  and  by  the 
Division  of  Prisons,  not  alone  how  long  the  prisoner  should  stay  in  prison 
as  a  punishment  for  the  crime  that  has  been  committed,  but  how  much  time 
it  will  take  to  fit  him  to  be  a  proper  recipient  of  the  provisions  of  the  parole 
law.  The  progress  he  makes  in  this  section  will  demonstrate  his  ability  to 
adapt  himself,  by  degrees,  not  only  to  community  life  in  the  prison,  but  to  the 
rules  of  s'ociety  outside  the  prison.  The  plans  for  the  new  prison  call  for 
four  cell  houses  in  this  section,  each  with  different  interior  construction, 
which  affords  a  varying  degree  of  restraint. 

Prisons  in  the  past  have  been  built  with  cell  houses  providing  the  secur- 
ity necessary  to  hold  the  most  desperate  or  hardened  prisoners,  not  taking 
into  account  the  fact  that  such  security  is  not  necessary  in  all  cases,  and  if 
men  are  to  be  fit  for  good  citizenship,  there  comes  a  time  even  while  in 
prison,  when  it  is  no  longer  necessary  to  house  them  in  such  cells  as  are 
provided  for  the  most  desperate.  However,  this  section  is  within  the  walls 
of  the  prison,  and  the  cell  houses,  even  as  prisoners  are  graduated  from  one 
to  the  other,  are  all  secure,  so  far  as  escape  from  prison  is  concerned. 

ALL   BUT    FEW    PRISONERS    MUST    RETURN    TO    SOCIETY 

With  the  exception  of  a  small  per  cent  of  a  prison  population,  all  prison- 
ers are  some  time  to  be  returned  to  society,  and  with  this  thought  in  mind, 
the  "Illinois  idea"  is  to  fit  prisoners  for  ultimate  parole  so  that  there  is 
opportunity  for  them  to  become  good  citizens.  However,  it  is  not  contem- 
plated that  prisoners  shall  be  placed  on  their  honor  at  that  time,  and  prob- 
ably not  wholly  upon  their  honor  until  they  have  progressed  through  the 
entire  sj^stem  and  are  fit  subjects  for  parole.  Nor  is  it  contemplated  that 
prisoners  shall  be  placed  in  such  a  position  as  to  govern  themselves  in 
prison.  However,  it  is  intended  that  the  Progressive  ^lerit  System  will 
assist  in  every  way  possible  to  ultimatelj^  make  of  them  honorable  men,  fit 
to  govern  themselves  when  finally  released. 

With  this  idea  in  mind,  some  prisoners,  as  they  make  progress,  will  be 
assigned  to  a  section  of  the  prison  which  is  laid  out  much  as  a  small  village 
is  laid  out,  with  cottages  instead  of  cell  houses  ;  the  groups  of  buildings  to 
be  within  the  enclosure  ;  but  not  a  high  wall,  such  as  surrounds  the  balance 
of  the  prison.  Here  prisoners,  while  yet  under  control  of  the  prison  officials, 
learn  how  to  live  a  communit}^  life  and  respect  the  rights  of  others  and  get 
ideas  of  the  rights  and  duties  of  citizenship.  When  prisoners  have  pro- 
gressed in  the  merit  system  so  that  they  are  eligible  to  pass  out  of  this 
section,  they  are  assigned  to  the  farm,  where  there  is  no  suggestion  of  prison 


63 

walls,  bars,  or  barriers,  but  where  there  is  supervision  given  in  the  way 
that  supervisors  look  after  a  large  farm.  When  men  leave  the  farm  they  go 
out  on  parole,  having,  by  their  own  efforts,  justified  such  consideration  as 
gives  them  the  benefits  of  the  provisions  of  the  parole  law. 

I  beg  your  pardon  for  taking  up  so  much  of  your  time  and  want  to  thank 
you  for  the  opportunity  that  has  been  afforded  us  to  come  here  today  to 
discuss  this  subject. 

THE   PAROLE  LAW  AND   ITS  ADMINISTRATION 

[By  Judge  J.  E.  McClure,  Assistant  Director  of  the 
Department  of  Public  Welfare.] 

Note:  Judge  McCIure  has  had  many  years  experience  in  connection  with  the  penal  institu- 
tions of  the  state  of  Illinois.  As  Assistant  Director  of  the  Department  of  Public  Welfare  he  was 
assigned  by  the  director  of  the  department  as  an  associate  of  the  Superintendent  of  the  Division 
of  Pardons  and  Paroles  in  the  administration  of  the  parole  aw.  The  following  address  was 
delivered  before  the  Hamilton  Club  of  the  city  of  Chicago,  December  19,  1919,  in  response  to  an 
invitation  from  that  club. 


Mr.  Chairman  and  Gentlemen  of  the  Hamilton  Club:  Public  officials 
who  seek  honestly  and  sincerely  to  administer  their  duties  faithfully  and  in 
the  interests  of  the  people  ought  to  be  and  usually  are  glad  of  an  oppor- 
tunity to  tell  of  their  stewardship. 

The  administration  of  the  penal  and  reformatory  institutions  of  Illinois 
containing,  as  they  do,  about  4,000  inmates  is  a  work  requiring  ability, 
honesty  of  purpose  and  a  broad-minded  vision  of  the  great  objects  to  be 
attained.  You  have  listened  to  the  address  on  prison  management  by  the 
superintendent  of  prisons,  the  man  who  bj^  executive  appointment  is  charged 
with  the  immediate  responsibility  of  the  administration  of  these  great  insti- 
tutions. I  have  known  John  L.  Whitman  a  great  manj^  years  by  reputation, 
but  I  have  been  privileged  to  enjoy  his  personal  acquaintance  for  only  two 
and  one-half  years,  but  in  that  time  I  have  learned  to  know  him  well.  As 
so  many  of  j'ou  know,  he  is  a  man  of  uncompromising  honest}',  actuated  in 
all  that  he  does  b}'^  a  high  sense  of  honor,  and  endowed  with  a  real  vision 
and  a  real  understanding  of  the  big  problems  in  the  big  work  he  is  called 
upon  to  do.  His  work  as  superintendent  of  prisons  is  so  closely  indentified 
with  that  of  the  Division  of  Pardons  and  Paroles  that  it  is  eminentlj'  proper 
for  both  of  these  subjects  to  be  considered  at  the  same  time.  So  close  is 
their  relationship  that  the  success  of  the  one  depends  in  large  measure  upon 
the  success  of  the  other.  I  am  happy  to  say  that  the  very  closest  co-opera- 
tion exists  between  the  Division  of  Pardons  and  Paroles  and  the  Division  of 
Prisons. 

The  results,  as  we  view  them,  furnish  a  splendid  illustration  of  the 
many  and  lasting  benefits  derived  from  the  co-operative  sj'stem  of  govern- 
ment now  in  such  successful  operation   in  Illinois. 

I  do  not  know  what  features  of  the  parole  law  and  its  administration 
you  most  desire  information  about,  but  with  j'our  permission  and  3'our  in- 
dulgence I  shall  tell  you  briefly  something  of  the  work  and  forms  of  proce- 
dure of  the  Division  of  Pardons  and  Pacoles.  And  I  shall  do  this  in  the  hope 
that  it  may  give  you  a  little  clearer  insight  into  the  administration  of  a  law 
which  sometimes  is  misunderstood  or  misjudged. 

THE   ORGAXIZATIOX   OF  THE    DIVISION 

As  now  constituted,  the  Division  of  Pardons  and  Paroles  is  presided  over 
by  one  person  designated  and  known  as  the  Superintendent  of  Pardons  and 
Paroles.  That  superintendent  is  Will  Colvin,  who  is  now  entering  upon 
his  seventh  year's  experience  in  this  work.  To  him,  more  than  anyone  else, 
is  due  the  credit  for  the  recent  improvements  in  and  the  enlargement  of 
the  scope  of  the  parole  work.  He  has  two  assistants  who  ably  help  him  in 
his  ever  enlarging  activities.  By  order  of  the  Director  of  the  Department 
of  Public  Welfare,  who  has  complete  control  and  supervision  of  the  work 


64 

of  the  division,  the  assistant  director  and  the  superintendent  of  prisons  are 
associated  with  the  superintendent  of  pardons  and  paroles  in  an  advisory- 
capacity. 

TWO   LINES  OF  WORK   BEFORE   THE   DIVISION 

There  are  two  separate  lines  of  work  coming  before  this  division  but 
which  are  really  intimately  related.  One  is  the  matter  of  commutation  or 
pardon  and  the  other  is  that  of  parole.  For  the  hearing  of  application  for 
commutation  or  pardon  there  are  four  sessions  annually,  namely:  January, 
April,  July  and  October.  In  the  neighborhood  of  400  cases  of  this  kind  are 
heard  each  year  by  the  board.  These  sessions  are  held  at  Springfield. 
Rules  are  made  and  promulgated  by  the  division  under  which  all  such  appli- 
cations are  made. 

GREATEST  INTEREST  IS  IN  PAROLE  WORK 

But  it  is  in  the  matter  of  parole  that  the  greatest  interest  is  manifested. 
Monthly  meetings  are  held  at  the  two  penitentiaries  and  at  the  Pontiac  re- 
formatory for  the  consideration  of  cases.  Nearly  an  entire  week  is  spent 
in  this  work  in  each  institution  each  month.  The  hours  spent  are  far  in 
excess  of  what  is  generally  recognized  as  a  day.  The  form  of  procedure  in 
each  institution  is  the  same.  A  regular  docket  is  prepared  by  the  officers 
of  the  institution  of  all  prisoners  who  are  to  appear  for  a  hearing. 

Let  me  explain  at  this  time  that  all  commitments  to  the  penitentiaries 
and  reformatory  are  for  an  indeterminate  period  except  for  the  crimes  of 
treason,  murder,  rape  and  kidnapping.  In  those  four  cases  the  jury  is 
required  to  fix  a  definite  term  of  imprisonment.  It  will  be  readily  seen, 
therefore,  that  the  very  great  number  of  persons  who  are  incarcerated  in 
prison,  are  under  indeterminate  sentences.  Under  the  law,  except  in  a 
very  few  cases  such  as  robber}^  with  a  weapon  and  horse  stealing,  the 
minimum  sentence  is  one  year.  Accordingly,  a  first  termer,  i.  e.,  a  prisoner 
who  has  not  previously  been  incarcerated  in  any  other  prison  or  reform- 
atory, automatically  comes  before  the  board  at  the  end  of  eleven  months, 
which  is  the  minimum  term  of  his  imprisonment,  less  the  statutory  good 
time  earned.  Each  case  is  given  careful  attention.  The  court  officials,  the 
prison  officials,  and  others  identified  with  the  work,  furnish  the  division 
with  all  possible  available  information  relating  to  the  inmate.  The  prisoner 
appears  personally  before  the  division.  He  is  treated  courteously  and 
kindly.  He  is  interrogated  and  is  permitted  to  make  any  statements  he 
desires  to  make.  When  the  examination  of  the  prisoner  is  ended,  and  he 
retires  from  the  room,  the  board  then  frankly  and  without  reserve  discuss 
his  case.  They  then  determine  whether  he  shall  be  paroled,  and  if  not, 
what  length  of  time  he  shall  be  retained  in  prison.  It  should  be  borne  in 
mind  that  only  a  comparative  few  of  those  who  appear  are  paroled.  In 
the  month  of  December,  1919,  twenty-eight  men  were  paroled  from  Pontiac, 
and  eighteen  from  Joliet.  The  Chester  meeting  has  not  yet  been  held. 
Every  prisoner  in  every  institution  has  a<ii  opportunity  to  make  his  state- 
ment and  present  his  case. 

ALL    THINGS    ARE    CONSIDERED 

At  these  hearings  the  health,  mental  as  well  as  physical,  of  every 
prisoner  appearing  is  inquired  into.  If  there  be  doubt  as  to  his  mentality, 
the  division  invokes  the  co-operative  assistance  of  the  state's  criminologist. 
The  case  is  continued,  pending  a  thorough  special  examination  by  that 
official.  The  prison  physician  furnishes  all  needed  information  relative  to 
the  physical  condition  of  the  prisoner.  In  passing  upon  the  case,  due  con- 
sideration is  given  to  the  behavior  and  conduct  of  the  prisoner  while  in  the 
institution  as  well  as  to  his  attitude  of  mind  when  he  appears  before  the 
board. 

TO   SATISFY   THE   DEMANDS    OF   SOCIETY 

The  great  problem  which  confronts  these  persons  entrusted  with  this 
work  is  to  see  that  the  prisoner  is  retained  in  prison  long  enough  to  satisfy 
the  demands  of  society  and  to  be   assured,  so  far  as   finite  minds   can  be 


65 

assured  that,  when  released,  the  prisoner  is  in  that  mental  attitude  and  is 
possessed  of  that  strength  of  character  that  he  is  fit  to  go  out  upon  patole. 
So  much  for  those  who  are  automatically  eligible  for  hearing  upon  appli- 
cation for  parole. 

The  rules  of  the  board  prescribe  that  a  second  termer  cannot  appear 
before  the  division  until  he  shall  have  served  21  months;  a  third  termer 
cannot  appear  until  he  shall  have  served  30  months  ;  a  fourth  termer  until 
he  shall  have  served  38  months.  This  rule,  which  we  regard  as  sound  and 
just  is  predicat-ed  upon  the  belief  that  repeated  offenders  must,  and  of  right 
ought  to  be  retained  in  the  institution  a  proportionately  greater  length  of 
time  than  first  offenders,  before  they  appear  before  the  division. 

HOW   HEARINGS   ARE    SECURED    BY    PRISONERS 

At  every  meeting  every  month  there  are  many  other  cases  which  come 
before  the  division.  A  prisoner  maj^  secure  a  hearing  by  writing  a  letter. 
That  letter  is  carefully  read,  and  if  there  be  anything  in  it  which  would 
suggest  that  the  prisoner  should  be  heard,  he  is  called  up  for  a  special 
hearing  and  his  case  reviev/ed.  He  tells  what  he  has  in  mind  and  due 
consideration  is  given  it.  There  are  many  of  such  cases  each  month.  Some- 
times the  whole  conduct  and  attitude  of  the  prisoner  has  so  changed  that 
the  division  feel  that  the  final  given  him,  at  a  meeting  months  or  even  years 
previously,  may,  with  justice  to  society  and  benefit  to  the  prisoner  be  re- 
duced, and  it  sometimes  is  reduced.  Such  action,  if  taken,  is  a  part  of  the 
big  scheme  of  prison  management  which  is  based  upon  the  principle  that 
it  is  the  duty  of  all  identified  with  the  handling  and  care  and  custody  of 
prisoners  to  do  all  needed  things  to  fit  those  prisoners  for  right  living  and 
good  citizenship  when  they  shall  leave  the  prison,  and  to  release  them 
when  they  are  fit. 

It  may  be  of  interest  to  you  to  know  that  at  each  one  of  these  hearings, 
each  month,  there  are  approximately  ISO  cases  considered.  It  means  worK  ; 
it  means  long  hours;  but  it  pays  if  it  results  in  reclaiming  hitherto  wayward 
men  and  placing  them  on  a  footing  so  that  henceforth  they  will  obey  the 
law  and  live  decent  lives. 

LISTENING    TO    APPEALS    OF    FRIENDS 

At  each  monthly  parole  hearing  there  is  one  day  given  up  entirely  to 
listening  to  the  appeals  of  friends  and  relatives  of  prisoners.  It  is  known 
as  "visitors'  day."  Wives,  mothers,  fathers,  brothers,  sisters  and  children 
come  and  are  sometimes  accompanied  by  attorneys  to  make  an  appeal  to  the 
division  for  loved  ones  in  the  institution.  Pathetic  stories  of  suffering  and 
untold  hardships  are  told.  It  is  oftentimes  a  heartrending  experience  never 
looked  forward  to  with  pleasure  by  members  who  hear  these  appeals,  but 
it  is  an  experience  which  they  must  face.  Naturally,  there  are  many  who 
appeal  for  relatives  or  friends  for  whom  nothing  can  be  done,  but  the  story 
is  heard;  the  statement  is  taken  in  shorthand,  and  later,  transcribed  and 
made  a  part  of  the  record  in  the  case,  and  due  consideration  given  to  it. 
At  these  public  hearings  the  fact  stands  out  that  the  father  may  and  fre- 
quently does  disown  the  son,  but  the  mother  never  loses  confidence  in  her 
boy,  and  with  a  heart  filled  with  love,  she  oftentimes  declares  that  while 
her  boy  has  been  bad  in  the  past  he  is  now  thoroughly  clianged  and  that  if 
he  could  be  given  another  chance  he  will  henceforth  five  an  honorable  and 
upright  life.  Month  after  month  the  division  hear  tliese  pathetic  appeals  ; 
they  listen  to  all  the  petitioners  with  courtesy  and  kindness;  l)ut,  through- 
out those  trying  ordeals  as  well  as  in  all  their  other  work,  the  division  is 
ever  mindful  of  the  fact  that  it  has  a  double  duty  to  perform;  one  to 
society  and  one  to  the  unfortunate  inmates  whose  lilu'rty  they  hold  within 
their  power. 

CARE    IN    SELECTING   THE    MAN'S    SPONSOR 

When  the  man  is  ordered  paroled  and  the  term  to  be  done  upon  parole 
fixed,  then  the  utmost  care  is  exercised  in  the  selection  of  his  sponsor. 
Someone  must  sign    his   papers   and   see   to    it   that   he   makes   his    reports 


66 

regularly  every  month  and  that  he  behaves  himself  in  accordance  v^^ith  the 
rules  of  the  division.    That's  the  last  step  in  the  system. 

In  selecting  a  sponsor  the  letter  of  the  statute  is  followed:  "No  prisoner 
shall  be  released  from  either  the  penitentiary  or  reformatory  until  the  De- 
partment of  Public  Welfare  shall  have  made  arrangements  or  shall  have 
satisfactory  evidence  that  arrangements  have  been  made  for  his  or  her 
honorable  and  useful  employment  while  upon  parole  in  some  suitable  occu- 
pation and,  also,  for  a  proper  and  suitable  home,  free  from  criminal  in- 
fluences." Prisoners  are  released  on  parole  ordinarily  for  a  period  of 
twelve  montlis.  It  is  within  the  power  of  the  division  to  extend  that  time, 
and  in  a  number  of  instances  they  have  done  so.  Oftentimes  it  is  to  the 
advantage  of  the  prisoner  to  require  him  to  do  two,  three,  four,  or  even  five 
years  upon  parole. 

SPONSOR  INVESTIGATED  BY  PAROLE  AGENTS 

Proposed  sponsors  are  investigated  by  parole  agents  and  surroundings 
and  environments  of  the  place  into  which  the  parolee  is  to  go  are  thoroughly 
inspected.  If  the  proposed  sponsor  does  not  measure  up  to  the  require- 
ments, then  the  man  is  kept  in  prison  until  some  responsible  sponsor  is 
found.  The  utmost  care  is  now  exercised  in  that  feature  of  the  work. 
There  have  been  failures  in  the  past  because  of  this  lack  of  supervision 
and  inspection. 

A  suitable  sponsor  having  been  found  and  the  papers  properly  executed, 
the  man  is  released  from  the  institution.  The  parole  supervisor,  in  charge 
of  that  work,  gives  the  parolee  final  instructions  which  are  accompanied  by 
a  friendly  talk  and  words  of  encouragement,  and  then  the  man  goes  out  to 
do  his  parole. 

REAL   AND    EFFECTIVE    SUPERVISION   SINCE   JULY    1,  1919 

Prior  to  July  1,  1919,  there  was  no  real  and  effective  means  for  helpful 
supervision  of  men  on  parole,  but  a  wise  and  comprehensive  plan  was 
evolved  by  the  superintendent  of  pardons  and  paroles,  and  so  impressed 
were  the  members  of  the  general  assembly  with  it  that  they  not  only 
enacted  it  into  law  but  authorized  the  employment  of  an  extra  number  of 
parole  agents  and  provided  needed  appropriations. 

"After  care"  is  now  a  reality.  Paroled  men  can  go  out  under  the  best 
possible  conditions.  They  go  to  good  employment  at  remunerative  wages. 
They  are  assured  of  a  real  and  genuine  friendly  interest  in  their  welfare. 
Twenty  active  energetic  and  broadminded  parole  agents  know  where  the 
parolees  are  day  and  night. 

Under  the  new  plan  the  state  is  divided  into  ten  districts.  Each  is  in 
charge  of  a  parole  agent  who  visits  each  man  on  parole  in  his  district  at 
least  once  a  month  and  in  some  instances  many  times  oftener.  District 
No.  1  comprises  the  counties  of  Cook,  Stevenson,  Ogle,  Winnebago,  Boone, 
DeKalb,  Kane,  McHenry,  Lake  and  DuPage  counties. 

THE    SUPERVISION    IN    CHICAGO 

Because  it  includes  the  great  city  of  Chicago,  six  agents  look  after  the 
parolees  in  District  No.  1.  They  have  offices  in  the  county  building.  When- 
ever a  man  is  released  on  parole  into  Chicago,  he  reports  to  the  parole  office 
when  he  reaches  the  city  and  is  required  to  make  frequent  visits  thereafter. 
The  parole  agents  know  where  everj'one  of  the  men  on  parole  in  Chi- 
cago is  working  in  the  day  time  and  where  he  is  sleeping  at  night.  What's 
true  of  that  district  is  equally  true  of  every  other  district  in  the  state.  I 
wish  time  would  premit  me  to  elaborate  upon  this  great  scheme  of  "after- 
care" and  observation.  One  important  feature  of  it  I  must  refer  to  and  that 
is  the  splendid  co-operation  received  from  the  police  departments  in  Chicago. 
Less  than  one  year  ago,  after  a  number  of  conferences,  an  arrangement  was 
effected  between  Chief  Garrity  and  the  Division  of  Pardons  and  Paroles, 
the  success  of  which  has  been  even  greater  than  the  gentlemen  who  were 
parties  to  it  had  hoped.  It  maj'  be  interesting  to  you  to  know  that  there 
are  now  six  sergeants  of  police  of  the  city  of  Chicago,  all  splendid  men  and 


67 

all  in  genuine  sympathy  with  the  principles  of  the  parole  law,  who  are 
especially  detailed  to  co-operate  with  ttie  parole  agents  in  the  administration 
of  the  parole  law  here  in  Chicago.  The  police  department,  as  well  as  the 
parole  agents,  are  now  acquainted  with  the  name  and  residence  and  place 
of  employment  of  every  man  on  parole  in  Chicago  and  co-operating  together 
as  they  are,  the  certain  result  is  that  the  interests  of  society  are  protected 
to  the  utmost,  and  the  welfare  of  the  well-intentioned  parolee  who  is  put- 
ting forth  an  honest  effort  to  make  good  is  abundantly  safe-guarded.  The 
same  system  of  co-operation  between  the  police  department  and  the  Division 
of  Pardons  and  Paroles  existing  in  Chicago  also  obtains  in  Peoria,  Rock 
BsJandi,  Springfield  and  East  St.  Louis. 

DEFINITE  SENTENCE  PAROLE 

In  the  brief  time  allotted,  I  cannot  go  into  another  phase  of  the  work 
which  is  now  known  as  "definite  sentence  parole."  It  is  the  same  as  the 
ordinary  parole  except  that  the  man  serving  a  definite  sentence  may,  in 
the  discretion  of  the  division,  be  released  upon  parole  for  the  maximum 
of  his  sentence,  after  he  has  served  one-third  of  the  sentence,  provided  that 
one-third  is  equal  to  the  minimum  sentence  under  which  the  prisoner  is 
committed. 

Since  the  enactment  of  the  definite  sentence  parole  act  there  have  been  a 
total  of  76  inmates  paroled  from  the  Chester  prison  who  are  received  under 
a  definite  sentence,  three  of  whom  violated  their  parole  and  were  returned, 
and  three  violated  and  are  still  at  large. 

NINETY-SIX  UNDER  DEFINITE  SENTENCE  AT  JOLIET 

There  have  been  a  total  of  96  inmates  paroled  from  Joliet  who  were 
received  under  a  definite  sentence,  only  two  of  whom  have  violated  and  are 
still  at  large. 

The  Department  of  Public  Welfare  believes  in  the  parole  law.  It  is  not 
unmindful  of  the  fact  that  there  are  those  who  oppose  it  and  those  who  feel 
that  its  administration  has  not  resulted  in  that  degree  of  success  which  its 
advocates  predicted.  There  are  those  who  conscientiously  believe  that  if 
the  parole  law  were  what  its  friends  proclaim  it  to  be  that  crime  would  be 
very  materially  decreased  and  that  necessity  for  police  officers  and  for 
courts  and  jails  and  penitentiaries  would  not  be  so  apparent  as  at  this  time. 
No  honest  officials  can  claim  perfection  for  themselves,  and  neither  should 
fair-minded  people  expect  that  men  will  cease  to  steal  and  to  rob  and  to 
kill  simply  because  it  is  unlawful  to  steal  and  rob  and  kill;  but  the  De- 
partment of  Public  Welfare  does  believe  that  the  records  show  that  the 
parole  law  has  been  a  success  and  that  this  success  has  not  been  half-way 
nor  even  questionable,  and  that  as  administered  it  is  good  and  not  bad  for 
the  public  weal. 

Let  me  submit  to  you,  for  your  candid  consideration  and  judgment,  some 
statistics  which  I  hope  will  be  interesting  and  enlightening: 

FIRST  TERMERS  OF  JOLIET  PRISON 

For  the  ten  years  from  1886  to  1895  inclusive,  7,440  prisoners  were  re- 
ceived at  the  Joliet  prison.  Of  that  number  6,389,  or  86  per  cent  were  first 
termers — meaning  that  no  one  of  the  6,389  had  served  in  a  penal  institution 
or  a  reformatory  either  in  Illinois  or  any  other  state. 

For  the  ten  years  from  1909  to  1918  inclusive,  5,081  prisoners  were  re- 
ceived at  the  Joliet  prison.  Of  that  number  4,483,  or  88  per  cent  were  first 
termers. 

In  other  words,  there  were  received  at  Joliet  during  the  ten  years  from 
1886  to  1895,  2,359  more  prisoners  than  were  received  during  the  ten  years 
from  1909  to  1918. 

In  the  year  1918  a  total  of  461  prisoners  were  received  at  Joliet  as  against 
961  received  in  the  year  1895.  In  other  words,  after  a  period  of  twenty-three 
years  the  total  number  received  at  Joliet  was  exactly  500  less  in  1918  than  it 
was  in  1895. 


68 


FIRST   TERMERS   IN   1918 

Of  the  461  received  in  1918,  410  or  89  per  cent  were  first  termers.  Of  the 
961  received  in  1895,  792,  or  82  per  cent  were  first  termers. 

.  These  figures  definitely  and  conclusively  refute  the  often  repeated  state- 
ment in  Cook  countj^  that  90  per  cent  of  the  crime  there  is  committed  by  per- 
sons upon  parole. 

In  further  substantiation  of  this  statement,  your  attention  is  directed  to 
the  record  of  indictments  returned  by  the  Cook  couny  grand  jury  in  Decem- 
ber, 1918  and  January,  1919.  By  that  body  1,034  indictments  were  returned  of 
which  9  were  against  men  on  parole.  Five  of  these  were  from  Joliet  and 
four  from  Pontiac. 

Of  the  five  from  Joliet,  onlj^  one  was  convicted  and  returned  upon  new 
sentence  ;  of  the  four  from  Pontiac  two  were  convicted  and  returned  upon 
new  sentences. 

Under  the  parole  system,  the  time  served  is  substantially  twice  as  long 
as  it  was  under  the  definite  sentence  law  as  is  clearlj'  demonstrated  bj'^  the 
following  statistics  : 

COMPARISONS:     DEFINITE   AND   INDEFINITE    SENTENCES 

Last  five  years  of  definite  sentence  (1890  to  1895)  compared  with  last 
five  years  of  indeterminate  sentence  (1914  to  1919)  for  the  crimes  of  burg- 
lary, larceny  and  robbery  at  the  Joliet  prison. 


Average  for  five  years,  1890 
to  1895— by  jury 


Average  for  five  years,  1914 
to  1919— bv  board 


Burglary 

Larceny   

Robbery 

Average 

Second  term  inmates 
Third  term  inmates- 


Years 

I 
I 
I 


Months 


Days 

21 

14 

6 


Years 


28 


27 
20 


Months 

9 

I 

7 


2 
II 


Days 
21 

23 


21 
18 


For  the  five  years  1890  to  1895  the  jury  gave  the  maximum  in  only  17 
cases  in  which  the  average  time  served  was  six  years,  seven  months  and 
eighteen  days. 

For  the  j^ears  1916  to  1920  the  board  gave  the  maximum  in  162  cases 
in  which  the  average  time  to  be  served  is  eight  years,  three  months  and 
thirteen  days. 

Note — Prisoners  with  records  are  doing  the  long  service.  The  average 
for  second  termers  is  more  than  doubled  as  is  also  the  average  for  third 
termers  while  in  490  cases,  including  repeaters  and  bad  crimes,  the  average 
runs  up  to  eight  years  and  three  months. 

REPORT    FOR    NOVEMBER,    1919,    IN    DISTRICT    NO.    1 

The  parole  agent  in  charge  of  the  Chicago  office  made  the  following 
report  for  the  month  of  November: 

Total  number  of  men  on  parole  from  Joliet,  Nov.  1,  1919 126 

Total  number  of  men  on  parole  from  Pontiac,  Nov.  1,  1919 86 

Total  number  of  men  on  parole  from  Chester,  Nov.  1,  1919 7 

Total  219 

Total  number  of  men  discharged  from  Joliet  during  month 21 

Total  number  of  men  discharged  from  Pontiac  during  month 7 

Total  number  of  men  discharged  from  Chester  during  month 0 

Total 28 


69 


Total  number  of  men  declared  violators  and  not  apprehended  J.  —  0 
Total  number  of  men  declared  violators  and  not  apprehended  P.  —  2 
Total  number  of  men  declared  violators  and  not  apprehended  C.  —     0 

Total   

Total  number  of  men  returned  to  Joliet 3 

Total  number  of  men  returned  to  Pontiac  _. 1 

Total  number  of  men  returned  to  Chester 0 

Total  

Total   deductions    

Total   less   deductions   

Total  number  of  men  received  from  Joliet  6 

Total  number  of  men  received  from  Pontiac 12 

Total  number  of  men  received  from  Chester 0 

Total  received  for  month  


34 
185 


18 


FIGURES    AS    TO    REPEATERS 


203 


Doubtless  there  are  among  you  some  who  conscientiously  believe  that 
the  definite  sentence  is  more  effective  in  preventing  crime  than  the  parole 
system.  Permit  me  to  submit  these  figures  as  to  "repeaters"  received  under 
the  two  systems  : 

Statement  showing  a  comparison  of  recommitments  of  inmates  to  the 
Illinois  State  Penitentiary  for  the  year  ending  1894  to  1895  under  the  defi- 
nite sentence  law,  and  for  five  years  under  the  parole  law. 


Recommitments 

Second    Third 
Term     Term 

Fourth 
Term 

Fifth 
Term 

5 

Sixth 
Term 

Total 

Per 
cent 

From  July  1,  1894  to  June  30,  1895 

113     1        36 

13 

2 

169 

17.58 

Total  number  of  inmates  received 

.:;::;:;■::  1:::::::::::. 

961 
1,677 

Daily  count  July  1,  18.5 

From  October  1,  1910  to  September  3<1,  1911 

53     1         11 

3 

4 

71 

16.98 

Total  number  of  inmates  received 

''^'^-'''''y'^..''''-'\- 

418 
1,347 

Daily  count  Octobeill,  1911 

From  October  1,  1911  to  September  30,  1912 

36     1          9 

1 

46 

12.11 

Total  numbei'  of  inmates  received 

1 

380 
1,371 

Daily  count  October  1,  1912 

1 

From  October  1,  1912  to  September'  30,  191.' 

46     i          7 

2 

1 

1 

57 

52l~ 
1,525 

10.96 

Total  number  of  inmates  received 

Daily  count  October  1,  1913 

1 

Friam  October  1,  1913  to  September  30,  1914 

35     1          7 

42 

6.46 

Total  number  of  inmates  received 

650 
1,618 

Daily  count  October  1 ,  1914 

1                i 

INVITING    CONSTRUCTIVE    CRITICISA1 

Mr.  President  and  Gentlemen,  let  me  call  your  attention  to  another 
■matter.  You  are  successful  business  and  professional  men,  taxpayers  of  the 
state,  all  interested  deeply  in  public  affairs.  We  are  public  officials  charged 
with  big  responsibilities.  You  and  we  should  have  a  common  interest. 
Let  us  be  frank  one  with  the  other.     We  invite  honest,  unselfish,  construe- 


70 

tive  criticism.  We  welcome  such  criticism  whether  it  comes  from  within 
the  state  or  from  some  distant  state,  but  we  have  a  right  to  demand  that  it 
be  founded  upon  facts. 

CRIME  WAVES   IN  CHICAGO 

Now,  from  time  to  time  it  is  charged  in  the  public  press  and  otherwise 
that  crime  in  the  city  of  Chicago  is  committed  largely  by  men  upon  parole. 
The  Department  of  Public  Welfare  is  not  shirking  any  responsibility  nor 
seeking  to  avoid  any  deserved  liability.  The  department  is  willing  to  bear 
all  the  blame  for  the  failures  which  may  be  properly  charged  against  it. 
We  know  that  there  are  and  will  continue  to  be  failures  by  men  on  parole. 
Human  nature  is  not  perfect,  neither  is  any  human  institution  perfect. 
But  the  85  or  90  per  cent  of  paroled  men  who  do  make  good  should  not 
have  the  shortcomings  of  others  charged  against  them.  Has  it  ever  oc- 
curred to  you  that  sometimes  when  paroled  men  are  mentioned  that  men 
on  probation  are  meant?  I  am  from  far  down  the  state.  I  am  not  well 
acquainted  with  conditions  in  this  great  city  of  Chicago  but  I  do  know  that 
in  the  section  where  I  live  parole  and  probation  are  often  confounded. 
Sometimes  even  our  judges  and  state's  attorneys  and  others,  including 
editors,  and  I  belong  to  the  latter  class,  say  parole  when  they  mean  pro- 
bation. That  same  condition  may  obtain  in  Chicago.  Let  me  impress 
upon  you  that  the  Division  of  Pardons  and  Paroles  and  the  Department  of 
Public  Welfare  have  nothing  whatever  to  do  with  probation.  We  assume 
all  responsibility  in  connection  with  the  men  on  parole  in  Cook  county  but 
if  any  of  the  5,000  or  8,000  men  who  are  on  probation  should  commit  crimes 
and  be  indicted,  the  Division  of  Pardons  and  Paroles  cannot  and  in  fairness 
and  justice  ought  not  to  be  held  accountable  for  that.  Until  the  present  co- 
operative arrangement  was  entered  into  with  the  Chicago  police  department, 
the  Daily  Bulletin  issued  by  the  department  of  police  of  this  city  used  parole 
instead  of  probation.  Here  is  an  illustration.  I  have  the  bulletin  of  Novem- 
ber 5,  1914.  In  that  bulletin  are  listed  twenty  cases  of  ofifenders  who  were 
released  on  probation  the  day  before  in  Chicago.  At  the  head  of  that  list 
are  these  words:  "Paroled  from  Municipal  Court."  That  injustice  to  the 
parole  law  has  been  corrected.  In  all  the  bulletins  now  issued  the  list  of 
those  released  on  probation  is  headed,  '"On  probation  from  Criminal  Court." 

DIFFERENCE  BETWEEN  PAROLE  AND   PROBATION 

I  trust  I  am  within  the  proprieties  of  the  occasion  when  I  appeal  to 
you  to  join  a  movement  to  bring  about  a  clear  and  distinct  understanding 
of  the  difference  between  parole  and  probation.  This  you  can  do  in  the 
interest  of  every  paroled  man  who  is  making  an  honest  effort  to  lead  a 
straight  life,  and  you  can,  and  I  believe  you  will,  do  this  in  fairness  and 
in  justice  to  the  men  who  are  endeavoring  to  administer  the  parole  law 
according  to  the  spirit  of  that  law.  But  over  and  above  all  it  should  be 
done  in  justice  to  the  system  itself.  It  matters  not  as  to  the  personnel  of 
the  administrators  of  the  parole  law.  We,  the  present  administrators, 
succeeded  others  ;  others  will  succeed  us  ;  but  the  principle  of  the  parole 
law  is  right  and  ought  to  be  sustained. 

DEPARTMENT  HAS  NOTHING  TO  CONCEAL 

The  Department  of  Public  Welfare  has  nothing  to  hide.  There  are  no 
dark  and  mj'sterious  secrets  about  the  administration  of  the  parole  law 
or  the  state  institutions.  John  L.  Whitman,  E.  J.  Murphy,  James  A.  White, 
James  F.  Scouller  and  Will  Colvin  are  high  class  prison  men,  conscientious 
in  what  they  do,  sympathetic  in  their  nature,  and  devoting  their  time  and 
their  talents  toward  the  accomplishment  of  the  great  duty  imposed  upon 
them  by  the  Illinois  statute,  which  directs  them  to  so  care  for  the  prisoners 
incarcerated  in  the  prisons  and  reformatorj'  "as  shall  prevent  those  prison- 
ers from  returning  to  criminal  courses,  best  secure  their  self-support,  and 
accomplish  their  reformation." 

In  conclusion  permit  me  to  say,  Mr.  Chairman  and  gentlemen,  that  if 
you  are  interested  in  this   subject  and  care  to  acquaint  yourself  more  fully 


71 

with  the  methods  of  procedure  before  the  Division  of  Pardons  and  Paroles, 
I  invite  you  to  attend  any  meeting  of  the  parole  board  at  either  of  the 
penitentiaries  or  the  reformatory,  sit  in  with  the  members  of  the  division 
and  observe  and  study  the  subject  at  close  range.  Those  meetings  are 
necessarily  quasi  private,  because  the  great  purpose  of  the  personal  inter- 
view with  the  prisoner,  is  to  secure  his  innermost  thoughts  and  to  ascertain 
his  real  attitude  of  mind,  and  that  is  most  certain  of  accomplishment  when 
he  is  face  to  face  with  the  parole  board  and  no  one  else.  But  the  rule  is 
set  aside  when  citizens  come  who  really  want  to  see  and  learn.  If  you 
cannot  come,  appoint  a  committee,  limited  to  two  or  three  or  five,  and  we 
will  extend  to  you  or  to  them,  or  both,  a  cordial  welcome  and  take  real 
pleasure  in  explaining  our  work  in  detail. 

I  thank  you  most  sincerely  for  the  privilege  of  appearing  before  you, 
and  I  appeal  to  you  to  give  this  whole  subject  of  prison  management  and 
the  administration  of  the  parole  law  serious,  thoughtful  consideration, 
and  if  you  can  conscientiously  do  so,  we  will  be  very  grateful  if  you  will 
give  us  your  support  and  your  cordial  co-operation  in  the  work  we  are  try- 
ing to  do. 


72 


NEWSPAPER  ARTICLES  CONTRIBUTED 
BY  MR.  WHITMAN 

Note:     Following  a  series  of  attacks  upon  the  parole   law   by  certain  Chicago  newspapers, 

the  Chicago  Daily  News  invited  John  L.    Whitman,  Superintendent  of  the  Division  of  Prisons, 

to  prepare  a  series  of  articles  for  publication  in  that  newspaper.    The  Daily  News  also  published 

an  editorial  endorsing  the   parole   law,   which  editorial   is   the   first   article  in   this    series.     The 
subsequent  articles  were   contributed   by  Mr.    Whitman. 


PAROLE  AS  VIEWED  FROM  THE  BENCH 

From  an  eminent  judge  of  a  Cook  county  court  The  Daily  News  has 
received  a  letter  expressing  appreciation  of  the  views  favorable  to  the 
Illinois  parole  law  recently  presented  in  these  columns.  "That  the  law," 
writes  this  correspondent,  "is  based  upon  sound  principles  and  provides  a 
system  which  is  vastly  better  in  many  ways  than  the  old  system  is  some- 
thing which,  to  my  mind,  cannot  be  successfully  denied  and  will  not  be  by 
reasonable  persons  who  know  the  facts." 

The  state's  attorney  of  Cook  county,  however,  is  bitterly  hostile  to  the 
parole  law.  In  this  connection  it  may  be  well  to  call  attention  to  the  fact 
that  the  organization  of  state's  attorneys  of  Illinois  has  adopted  the  opposite 
view  of  the  law  and  its  administration.  The  correspondent  already  quoted 
presents  this  testimony  in  regard  to  the  working  of  the  parole  law: 

"The  attitude  of  the  state's  attorney  toward  this  law — and  his  attitude 
seems  to  have  the  support  of  at  least  a  part  of  the  press — is  completely  re- 
futed by  the  statistics  having  to  do  with  crime  and  criminals,  both  before 
the  law  went  into  effect  and  since  that  time.  As  The  Daily  News  has  pointed 
out,  about  85  or  90  per  cent  of  the  parole  cases  show  entirelj^  satisfactory 
results.  One  would  think  from  the  attitude  of  Mr.  Hoyne  that  his  staff  was 
kept  busy  convicting  paroled  men  of  felonies  committed  by  them  while  on 
parole.  Nothing  could  be  further  from  the  truth.  These  cases  are  supris- 
ingly  rare  and  when  one  does  occur  a  hue  and  crj^  is  raised  against  the 
parole  law,  but  the  public  never  hears  of  the  hundred  cases  where  men 
who  have  gone  to  the  penitentiary — generally  for  a  first  offense — have  been 
given  their  chance  to  'come  back'  under  provisions  of  the  parole  act  and 
have  made  good." 

So  much  for  the  law  broadly  speaking  and  especially  for  the  theory  of 
systemized  friendly  help  along  the  road  to  reform  that  underlies  the  law. 
But  it  is  not  a  perfect  law,  and,  particularly  in  the  past,  there  have  been 
lamentable  errors  in  its  administration.  This  the  correspondent  concedes 
who  writes  to  The  Daily  News  in  defense  of  the  measure.  He  adds  :  "I 
think  it  might  be  wise  to  change  those  provisions  of  the  act  which  permit 
successive  paroles." 

The  parole  system  is,  in  short,  good,  but  it  ought  to  be  made  progres- 
sively  better   so  long  as   there   remains   room   for    improvement. — Editorial. 


CRIME  AND  THE  PAROLE  LAW 

May    5,    1920 

To  support  a  new  demand  for  the  repeal  of  the  parole  law,  or,  at  least  for 
a  restriction  of  its  operation.  State's  Attorney  Hoyne  has  published  figures 
indicating  that  in  the  five  years  1915-19,  inclusive,  1,529  criminals  were  sent 
from  Cook  county  to  the  Joliet  penitentiary  and  1,736  prisoners  were  paroled 
from  that  penitentiary  to  Cook  county.  According  to  Mr.  Hoyne,  paroled 
convicts  are  caught  red-handed,  time  after  time,  engaged  in  the  same  sort 
of  crimes  for  which  they  were  originally  sentenced  and  are  reconvicted, 
only  to  be  paroled  once  more.  "Imagine,"  he  says,  "the  state  penitentiaries 
and  reformatories  turning  felons  back  into  the  streets  faster  than  our  courts 


are  able  to  send  them  to  the  prisons.  Police  records  show  that  the  increase 
in  crime  is  due  to  the  presence  of  paroled  convicts  in  our  community." 

Taken  at  face  value  and  along  with  the  frequently  repeated  assertion 
that  90  per  cent  of  the  crime  in  Chicago  is  committed  by  paroled  convicts, 
Mr.  Hoyne's  figures  would  seem  to  indicate  the  futility  of  maintaining 
police  to  arrest  criminals  and  courts  to  try  them.  However,  his  figures  re- 
quire analysis  and  explanation  by  supporters  of  the  parole  law.  Meanwhile 
one  may  well  view  the  other  side  of  the  picture.  Officials  of  the  Illinois 
Department  of  Public  Welfare  have  published  statistics  which  indicate  that 
so-called  crime  waves  in  Chicago  are  not  attributable  to  the  operation  of  the 
parole  law.  For  instance,  of  491  prisoners  received  at  JoHct  penitentiary 
in  1918,  just  410,  or  89  per  cent,  were  first  termers — persons  who  never  had 
served  prison  terms.  Of  the  1,034  indictments  returned  by  the  Cook  county 
grand  jury  in  December,  1918,  and  January,  1919,  only  nine  were  against 
paroled  convicts  and  of  those  only  three  were  convicted  and  returned  to 
prison  on  new  sentences. 

Proceeding  on  the  theory  that  all  but  a  small  percentage  of  the  prison 
population  must  be  returned  at  some  time  to  society,  the  prison  officials, 
working  under  the  "Illinois  idea,"  seek  to  fit  them  for  upright  living.  Only 
after  they  have  passed  through  the  prescribed  observations  and  tests  do 
they  become  eligible  to  parole  and  when  released  they  are  subject  to  a  system 
of  "after-care"  under  the  direction  of  the  State  Department  of  Public  Wel- 
fare. In  Chicago  six  specially  detailed  sergeants  of  police  co-operate  in 
exercising  that  care. 

Undoubtedly  there  have  been  mistakes  and  abuses  in  the  administra- 
tion of  the  parole  law.  Therefore  it  requires  improvement.  Some  criminals 
who  should  have  been  kept  in  the  penitentiary  have  been  released  and 
have  committed  new  crimes.  However,  the  sessions  of  the  pardon  board  are 
not  secret.  The  co-operation  of  the  courts  is  asked  and  received  and  doubt- 
less any  information  which  a  representative  of  the  state's  attorney  could  give 
would  be  welcome.  But,  as  the  men  who  administer  it  insist,  the  parole  law 
should  not  be  condemned  because  of  the  failures  of  some  men  on  parole  and 
the  85  or  90  per  cent  who  do  not  return  to  criminal  practices  should  not 
suffer  for  the  shortcoming  of  the  few. 

TOUCHING  THE  HUMAN  SIDE   OF   THINGS 


THE    LETTER    OF    THE     L.\W 
June  2,  1920 

"The  fall  guy"  confesses.  He  is  indicted,  tried,  convicted  and  sentenced 
to  serve  one  to  fourteen  years  in  the  Illinois  State  Penitentiary.  A  man  has 
been  deprived  of  his  liberty,  as  a  punishment  for  a  crime  against  the  state, 
against  society,  as  provided  by  law.  The  letter  of  the  law  has  been  observed 
for  "the  fall  guy"  goes  to  Jolict  and  enters  the  rattan  shop. 

Sorne  day  his  time  will  be  served.  "The  fall  guy"  will  be  given  $10,  a 
new  suit  of  clothes  and  a  railroad  ticket,  free  to  go  among  free  men  again. 
How  shall  he  go?  As  a  man  vindictive,  with  a  heart  black  with  hatred, 
aching  and  bursting  for  revenge?  Or  shall  he  go  as  a  man  happy  again  to 
be  free,  a  rnan  resolved  to  take  a  decent  man's  place  in  society,  to  a  decent 
man's  part  in  the  upholding  of  that  society? 

In  this  series  of  articles  I  want  to  tell  the  story  of  "the  fall  guy,"  who  is 
not  an  individual,  but  a  composite  of  all  the  men  who,  for  various  reasons, 
become  of  that  group  known  as  "the  criminal  class,"  who  go  to  prison  and 
then  again  go  out  of  prison  back  to  societj'. 

A  few  weeks  ago  State's  Attorney  Maclay  Hoyne  was  quoted  in  the 
newspapers  as  saying  that  there  were  more  men  paroled  to  Cook  county 
frorn  the  Joliet  penitentiary  than  were  committed  from  this  county  to  that 
institution.  Mr.  Hoyne  gave  figures  which  indicated  that  from  1915  to  the 
first  of  this  year  a  total  of  1,529  men  had  been  sentenced  to  Joliet  from  Cook 


74 

county  and  1,736  had  been  paroled.  These  figures,  used  as  an  attack  against 
the  parole  system  that  is  in  force  now  in  Illinois,  are  employed  as  an  argu- 
ment to  show  why  Mr.  Hoyne  thinks  the  parole  law  should  be  repealed.  He 
says  that  most  of  the  crime  committed  in  Chicago  and  Cook  county  is  com- 
mitted by  paroled  men. 

Mr.  Hoyne's  figures  are  incorrect.  According  to  the  records  of  the 
Illinois  State  Penitentiary,  statistics  were  prepared  by  William  Wickersham, 
recorder  of  the  institution,  which  shows  for  the  five  years  that  1,539  persons 
were  received  at  the  institution  from  Cook  county  and  1,218  were  paroled; 
that  the  average  time  served  by  these  men  was  two  years,  eleven  months, 
eighteen  days. 

The  Cook  county  grand  jury  for  last  March,  following  the  lead  of  the 
state's  attornej',  condemned  the  parole  law.  In  indicting  336  for  crimes  that 
had  been  committed  the  grand  jury  stated  in  its  report  that  90  per  cent  of 
the  crime  committed  in  Cook  county  was  traceable  to  paroled  men.  The 
Division  of  Pardons  and  Paroles  of  the  State  Department  of  Public  Welfare 
studied  and  analyzed  this  report  and  looked  up  the  records  in  each  case. 
Of  the  336  men  indicted  a  checking  of  every  case  found  the  following 
to  be  correct :  Of  the  men  on  parole  there  were  two  from  Joliet  and  three 
from  Pontiac,  1.49  per  cent  of  the  total  indictments  ;  nine  had  received  final 
discharges  from  parole,  or  2.68  per  cent ;  fifteen  had  served  in  the  house  of 
correction  (the  bridewell),  4.46  per  cent;  five  were  on  probation  from  the 
courts,  1.49  per  cent;  nine  were  paroled  from  other  states,  2.68  per  cent; 
the  remaining  293,  or  87.20  per  cent,  were  without  record  of  any  kind. 

Of  the  five  on  parole  from  the  two  Illinois  institutions  one  has  been  tried 
and  found  not  guiltj',  another  was  tried  and  his  case  was  stricken  off.  Cases 
of  the  three  others  are  still  pending  in  the  courts. 

Due  to  the  fact  the  police  here  freely  blame  most  crime  upon  paroled 
men,  we  went  to  Chief  of  Police  Garrity  and  had  him  assign  six  policemen 
to  work  out  of  the  office  of  the  chief  parole  agent  here.  The  police  had 
blamed  90  per  cent  of  Cook  county  crime  upon  paroled  men,  as  did  the 
March  grand  jury.  The  constitutional  convention  asked  Chief  Garrity  after 
these  six  men  had  been  working  out  of  the  parole  agent's  office  for  some 
time  for  a  report  as  to  the  crime  committed  by  paroled  men.  The  report 
given  to  the  convention  by  Chief  Garrity,  which  had  been  prepared  by 
Sergeant  Michael  Hogan,  senior  of  the  six  policemen  working  from  the 
parole  agent's  office,  showed  that  13  per  cent  of  the  paroled  men  had  failed 
in  living  up  to  their  paroles — which  means  a  lesser  percentage  of  crime 
committed  by  paroled  men. 

"The  fall  guy"  goes  back  to  society  some  day.  He  goes  as  a  man  who 
has  served  all  of  his  time,  who  has  been  pa-rdoned  or  paroled.  He  has  a 
pretty  hard  row  to  hoe  if  every  man's  hand  is  against  him,  especially  the 
hands  of  the  police  and  the  state's  attorneys.  He  can  very  well  be  driven 
again  to  crirne  by  hounding  of  the  police  or  the  prosecutor  and  thus  to  a 
violation  of  his  parole  if  he  is  a  paroled  man.  He  can  be  made  a  good  citizen 
if  given  the  chance.    And  all  "the  fall  guy"  needs  is  a  fair  chance. 


THE    SPIRIT     OF    THE    L.\W 
June  3,   1920 

The  letter  of  the  law  says  that  one  who  commits  a  crime  against  society 
shall  be  punished.  This  is  justice.  Until  we  reach  a  Utopian  condition  of 
being  we  shall  have  persons  committing  offenses  against  the  people  and 
enduring  punishment  as  a  deterrent  to  other  criminality.  But  there  is  a 
something  which  relieves  the  harshness  of  our  non-utopian  condition  and 
that  is  the  spirit  of  the  law. 

The  letter  of  the  law  says  "Punish."  The  spirit  of  the  law  says  "Recon- 
struct." 

Only  the  criminal  who  is  executed  passes  out  of  the  pale  of  society  for 
all  time.     Even  the   "life  termers,"  under  the  letter  of  the  law,  have   the 


75 

chance  here  in  Illinois  of  regaining  their  freedom.  The  letter  of  the  law  is 
concerned  only  with  their  punishment.  When  they  are  punished  the  letter 
of  the  law  is  satisfied.  But  not  until  their  punishment  does  the  spirit  of  the 
law  enter.  The  spirit  of  the  law  saj's  that  when  they  are  punished  society 
is  satisfied,  that  thej'  have  paid  their  deht  and  may  again  enter  free  life. 

Here  is  Illinois,  which  possesses  the  world's  most  advanced  statutes  in 
regard  to  paroles  and  pardons,  the  spirit  of  the  law  may  best  be  expressed 
by  our  parole  regulations,  which  permit  the  prisoner,  after  he  has  served  a 
minimum  of  his  sentence,  to  return  to  society  under  surveillance,  on  his 
own  honor.  The  law  here  has  been  a  success.  Wherever  it  has  been  tried 
it  has  been  a  success.  There  is  a  percentage  of  failure,  of  course,  but  should 
the  great  majority  of  success  be  condemned  because  .of  the  failure  of  the 
few?  The  parole  is  being  administered  in  Illinois  now  to  great  advantage 
and  under  such  supervision  as  allows  actual  knowledge  of  what  the  paroled 
man  is  doing.  The  parole  board,  the  state's  attornej',  the  police — all  have 
intimate  knowledge  of  the  action  of  the  paroled  man  at  all  times. 

Since  January  1,  1920,  there  have  been  129  men  released  on  parole, 
forty-eight  of  whom  were  released  to  the  first  district,  which  is  composed 
of  the  twelve  northern  counties  of  the  state,  including  Cook.  One  violation 
has  been  reported  among  these  forty-eight.  On  May  19,  1920, 280  men  were  on 
parole  throughout  the  state,  137  of  them  in  the  first  district.  Since  January 
1,  there  were  a  total  of  eleven  violations  of  the  first  district,  and  seven  of  the 
men  were  returned  to  the  prison  at  Joliet.  That  is  a  pretty  good  record. 
Those  violations  do  not  mean  a  return  of  the  men  to  crime.  They  indicate, 
for  the  most  part,  a  failure  to  keep  away  from  bad  companions,  a  failure  to 
remain  at  work,  a  failure,  in  short,  to  live  up  to  the  promises  the  man  makes 
in  effect  when  he  is  released  from  prison. 

Confinement  alone  does  not  prepare  a  convicted  man  for  citizenship. 
To  the  prisoner  such  confinement  is  mere  punishment.  The  parole  law  is 
not  concerned  simply  with  releasing  a  man  upon  his  honor,  it  contemplates 
giving  him  the  correct  viewpoint  upon  life.  With  proper  supervision  he 
becomes  a  good  citizen.  I  cannot  overestimate  the  importance  of  adminis- 
tering the  laws  so  that  the  man  will  be  made  into  a  good  citizen  while  in 
prison  instead  of  simply  being  punished  while  there  for  his  offense.  Such 
is  the  spirit  of  the  law. 


WHAT    A    PAROLE    LAW    DOES 
June  4,   1920 

There  is  a  general  misunderstanding  of  what  the  parole  law  is  and  does. 
Under  the  statute  a  man  sentenced  to  a  limited  term — say  one  to  fourteen 
years — automatically  is  subject  to  parole  when  he  has  served  the  minimum 
of  his  sentence,  one  year  in  the  case  of  the  "one  to  fourteen"  penalty.  His 
case  goes  thus,  automaticalh%  to  the  parole  board.  There  either  he  is  ad- 
mitted to  parole  or  is  refused  and  the  board  determines  how  much  longer 
he  is  to  serve. 

If  paroled,  he  must  have  a  job  outside  before  he  is  allowed  to  leave  the 
prison.  He  may  be  paroled  to  the  district  from  which  he  came;  if  he  has  a 
job  and  a  sponsor  in  another  district  of  the  state  he  may  be  sent  there. 
Usually  the  parole  agent,  who  is  notified  of  the  allowance  of  parole,  scours 
around  and  secures  a  job  for  the  man,  likewise  a  sponsor.  The  man  is  re- 
leased and  he  reports  to  his  sponsor.  Then  he  reports  to  the  parole  agent. 
It  is  the  duty  of  the  parole  agent  to  look  up  the  man  at  stated  intervals  and 
report  upon  the  man's  action.  At  the  termination  of  a  year,  if  the  man's 
actions  have  been  blameless,  he  is  given  a  final  discharge. 

That  is  the  operation  of  the  letter  of  the  law  again.  The  spirit  of  the 
law  goes  back  to  the  man  when  he  first  enters  the  prison.  He  is  examined 
bj'  the  prison  physician,  the  psychologist,  the  psychiatrist  and  exact  records 
of  him  are  kept.  At  some  later  date  he  is  called  before  the  staflf,  which  is 
composed  of  the  three  medical  and  psychological  scientists ;  the  warden 
and  the  assistant  and  deputies  and  one  or  all  of  the  three  prison  guard 
captains.  He  is  told  the  meaning  of  the  parole  law,  what  it  does  for  him  and 
his  kind,  what  is  expected  of  him  if  he  is  to  expect  in  turn  a  parole  when 


76 

his  case  comes  up  automatically  for  a  parole  hearing.  He  is  examined  by 
the  staff,  every  word  of  which  examination  is  taken  by  a  clerk.  That  ex- 
amination is  filed  in  the  man's  jacket  in  the  record  office.  He  is  under  con- 
tinual observation  by  every  member  of  the  staff  from  the  time  he  enters 
until  he  is  admitted  to  parole.  He  is  given  every  opportunity  to  show  that 
he  desires  earnestly  to  return  to  society  as  a  "cured  man." 

The  cases  of  "lifers"  or  men  on  definite  sentences — say  twenty-five 
years — do  not  come  up  for  hearing  automatically  but  the  man  may  make 
written  application  for  hearing  after  serving  a  definite  period  of  his  sen- 
tence. The  lifer  must  serve  technically  twenty  years  of  his  time  before  he 
may  petition  for  parole. 

The  state  law  fixes  fourteen  years  as  a  minimum  in  the  cases  of  definite 
sentences  for  murder.  Thus,  a  man  serving  thirty  years  for  murder  may 
petition  for  parole  or  commutation  of  sentence  when  he  has  served  the 
minimum,  and  the  minimum  in  his  case,  by  the  terms  of  the  "good  time" 
law — good  behavior  during  imprisonment — instead,  of  being  fourteen. years, 
becomes  eight  years  and  three  months.  In  addition  to  serving  the  minimum 
he  must  serve  one-third  of  his  full  time — thus,  meeting  all  requirements  of 
the  law  with  its  various  allowances,  the  murderer  sentenced  to  thirty  years 
must  serve  ten  full  years  before  he  can  petition  the  board  for  considera- 
tion of  his  case.  Then,  if  paroled,  he  must  be  on  parole  a  number  of  years 
corresponding  to  the  maximum  of  his  sentence,  less  the  "good-time"  allowed 
by  law.  This  would  be,  in  the  case  of  the  thirty  year  man,  ten  full  years  of 
imprisonment  and  six  years  and  three  months  on  parole. 


THE   PRISON   MERIT   SYSTEM 
June    7,    1920 

Along  with  the  lockstep,  bread  and  water  diet,  the  whipping  post  and — 
except  in  very  rare  instances — the  solitary  confinement,  Illinois  in  its  penal 
institutions  has  abolished  what  was  known  as  "the  honor  system."  There 
is  no  longer  an  honor  system  at  the  Joliet  penitentiary. 

It  proved  a  failure.  Now  in  its  place  is  the  merit  system,  by  which  the 
man's  reliability  is  tested  as  he  progresses  toward  parole,  fitting  himself 
for  good  citizenship.  Classification,  study,  supervision  of  the  men  gives 
them  such  privileges  by  scientific  methods  rather  than  b}^  a  hit  or  miss 
method  which  takes  a  man's  word  for  it,  no  matter  what  a  scientific  analysis 
of  him  may  indicate  as  to  his  unworthiness  for  trust. 

This  eliminates  one  of  the  banes  of  penology — individualism. 

The  honor  system  said  in,  effect,  "I  am  going  to  put  you  out  on  the 
farm  where  there  are  freight  trains  going  by  every  hour  or  so;  there  will 
be  no  surveillance,  nothing  to  keep  you  from  hopping  a  train  and  getting 
away."  To  the  prisoner  it  Avas  the  warden  saying  that  to  him.  He  was  on 
honor  to  the  warden.  To  the  state  he  had  no  responsibility.  Although  it 
was  the  law  which  permitted  the  warden  to  allow  him  outside  the  walls, 
quite  naturally  the  prisoner  regarded  the  warden  as  the  law. 

When  that  prisoner  left  the  penal  institution  to  return  to  society  he  had 
no  more  idea  of  responsibility  to  the  state  than  he  had  before.  His  idea  of 
responsibility  was  one  that  rested  in  the  policeman  on  the  beat,  the  state's 
attorney  in  the  criminal  court  building,  the  warden  in  the  penitentiary. 
Therefore,  we  have  reduced  the  responsibility  to  the  individual  and  in- 
creased the  sense  of  responsibility  to  the  group  at  the  penitentiary.  He 
gets  the  idea  so  by  degrees  that  it  is  the  state,  society  at  large,  to  which  he 
will  be  indebted  for  his  freedom. 

The  staff  of  the  Joliet  penitentiary,  which  I  have  referred  to,  is  com- 
posed at  the  present  time  of  Warden  E.  J.  Murphy,  Assistant  Warden  W. 
O.  Hodgdon,  Dr.  W.  R.  Fletcher,  prison  physician ;  Dr.  D.  P.  Phillips, 
psychiatrist;  Dr.  J.  T.  Metcalf,  psychologist,  and  one  or  all  of  the  three 
guard  captains,  M.  J.  Kane,  F.  L.  Kness  and  L.  F.  Shotwell.  The  staff  sits 
from  9  to  10  a.  m.  daily.  Not  only  does  it  throughly  explain  the  workings 
of  the  parole  law  and  put  questions  to  the  man  before  it,  but  the  man  is 
encouraged  to  ask  questions  as  to  any  phase  of  his  stay  in  prison  upon 
which  his  mind  is  not  perfectly  clear. 


Thus,  there  are  or  there  should  be  no  misunderstandings  between  the 
prisoner  and  the  staff.  He  is  told  just  what  he  may  or  may  not  do;  what  is 
expected  of  him,  how  he  maj'  regain  his  freedom  and  how  he  must  comport 
himself;  what  he  must  have  learned  before  that  freedom  is  given  to  him 
through  operation  in  his  case  of  the  parole  law. 


THF.    PRISONERS'    DAY 
June  8,   1920 

Look  at  the  double  line  of  convicts  at  the  Joliet  penitentiary  going  to 
their  dining  hall  for  supper  in  the  evening  after  a  day  in  the  shops.  They 
walk  by  twos,  not  in  lock  step,  or  even  in  military  cadence.  They  talk  and 
laugh — there  is  no  penaltj'  any  more  for  talking.  Years  ago  the  uniform  of 
stripes,  so  dear  to  the  cartoonist  when  depicting  convicts,  was  abolished. 
In  its  place  is  a  suit  of  ])lue  gray,  a  solid  color  woolen,  with  a  cap  of  similar 
material. 

They  eat  good  food.  Bread  and  water  as  a  prison  diet  passed  out  years 
ago.  The  diet  sheet,  copies  of  which  hang  in  the  warden's  office  for  any 
visitor  to  see,  are  very  similar  to  diet  sheets  of  the  army.  It  is  a  scientifi- 
cally balanced  ration  and  every  man  gets  plenty  to  eat.  It  is  high-class 
food,  well  cooked.  The  rations  now  cost  about  45  cents  a  day  for  each 
man.  That  is  practically  the  wholesale  cost  of  the  food,  as  all  handling  and 
preparation  are  by   convict  labor. 

The  da}'  begins  at  7  a.  m.  and  ends  with  lights  out  at  8  p.  m. 

Breakfast  is  at  7:30.  The  men  work  from  8  to  11  :30  a.  m.  and  have  lunch 
at  11:35.  After  lunch  they  are  locked  in  their  cells  until  1,  when  they 
again  go  to  their  work,  where  they  remain  until  4:30,  the  supper  hour. 
After  suppi;r  they  again  go  to  their  cells,  where  they  are  locked  in.  There 
is  a  lot  of  time  for  reading  and  they  are  permitted  to  draw  as  many  books  as 
they  wish  from  the  prison  library.  Lights  are  not  permitted  after  8  o'clock, 
but  the\^  may  read  at  noon  and  again  after  supper.  The  books  these  men 
draw  are  surprising.  Fiction  is  demanded  to  some  extent,  but  the  great 
buh<:  of  books  demanded,  especially  since  the  parole  law  became  effective, 
are  works  on  trades,  industries  and  so  on.  They  are  preparing  themselves 
for  parole.  There  arc  25,000  volumes  in  that  library  and  it  is  one  of  the- 
most  intensively  circulated  libraries  in  the  world. 

The  chaplain  conducts  optional  classes  in  a  school  for  convicts.  Many 
men  have  "matriculated"  at  the  school  as  illiterates,  to  be  paroled  or  dis- 
charged at  the  termination  of  their  sentences  with  the  ability  at  least  to  read 
and  write.  In  some  notable  cases  illiterates  have  learned  English  composi- 
tion remarkably  well. 

I  have  in  mind  in  this  connection  the  case  of  a  man  who  has  served 
about  twelve  years  of  a  life  sentence  for  murder.  Many  Chicagoans  will 
remember  his  case — how  he  tried  to  spirit  out  of  an  evil  resort  a  girl  he  had 
married,  how  he  was  attacked  by  the  landlady,  how  she  was  shot  dead 
with  her  own  pistol  in  the  struggle  that  followed.  He  is  a  model  prisoner. 
He  has  applied  for  commutation  of  sentence  and  the  letters  that  he  wrote 
to  the  parole  board  and  to  others  interested  in  his  case  are  well  nigh  perfect 
in  composition,  spelling  and  logic.  He  was  virtually  an  illiterate  wiien  com- 
mitted to  the  institution.  He  is  a  "trusty,"  working  on  the  prison  farm,  a 
force  for  good  among  other  prisoners  there,  for  he  is  working  hard  for  his 
own  regeneration.  He  realizes  that  he  is  paying  a  debt  to  society,  to  the 
state,  and  he  wants  to  return  to  societj',  for  he  believes  he  has  paid  his 
debt  and  may  be  placed  again  among  free  people  without  fear. 

Men's  own  thoughts  are  their  worst  dangers.  If  we  can  direct  those 
thoughts,  especially  in  the  long  waking  hours  when  they  are  locked  in 
their  cells;  direct  them  into  channels  of  reasoning,  logic,  on  the  situation 
they  find  themselves  placed  in,  then  we  are  accomplishing  something  to- 
ward their  regeneration.  If  they  are  permitted  to  continue  in  tluir  black 
thoughts  of  revenge  upon  the  men  responsible  for  placing  them  in  prison, 
then  they  are  getting  no  place. 


78 

SOME    EFFECTS    OF    PAROLES 
June  9,   1920 

Condemnation  of  the  Illinois  parole  law  should  be  withheld  at  this  time, 
if  for  no  other  reason  than  that  it  has  really  been  in  what  I  might  term 
successful  operation  for  only  a  year.  The  present  rules  controlling  paroles 
were  adopted  July  1,  1917.  Appropriations  from  the  state  legislature  were 
small  and  the  preparation  of  men  for  parole  and  supervision  of  them  after 
parole  were  of  necessity  not  up  to  the  standards  that  the  sponsors  of  the 
act  wished.  However,  the  agents  and  the  few  men  they  had  on  their  staffs 
worked  to  such  good  effect  that,  by  the  opening  of  the  1919  session,  the  legis- 
lature was  convinced  of  the  efficacy  of  the  plan.  Agents  and  machinery 
were  added. 

Today  a  paroled  man  must  have  a  job  before  he  leaves  the  prison.  His 
employer  must  know  that  he  comes  from  a  penitentiary.  This  is  one  thing 
we  insist  upon.  Another  thing  upon  which  we  are  specific  is  that  the  em- 
ployer shall  not  be  permitted  in  any  manner  to  hold  a  club  over  the  paroled 
employe's  head  with  the  idea  of  forcing  the  man  to  do  undesirable  work  or 
to  accept  less  pay  than  others  doing  similar  work.  The  man  must  have  a 
square  deal. 

Of  course  there  were  paroles  long  before  1917,  but  such  rules  as  are  now 
in  eflfect  were  unknown  then. 

Under  the  old  parole  laws  and  rules  the  man  had  little  chance  of  keep- 
ing out  of  prison.  Today  he  is  safeguarded  in  everj^  way  possible.  We 
have  succeeded  just  within  the  last  few  months  in  obtaining  a  promise  from 
the  police  not  to  include  paroled  men  in  general  police  dragnets  after  a  big 
crime  has  been  committed. 

The  well  known  dragnets  are  not  needed  for  paroled  men,  because  any 
one  who  wishes  to  know  can  find  where  a  paroled  man  is  at  almost  any  time 
of  the  day  or  night.  Formerly  the  man  was  hounded  by  the  police,  and  per- 
haps he  was  driven  into  crime. 

The  reports  of  the  prison  staff  which  I  have  mentioned  in  the  course 
of  these  articles  as  being  intimate  records  of  the  prisoners  from  the  time 
they  enter  the  institution  until  they  are  considered  for  parole  are  invalu- 
able to  the  parole  board  when  considering  the  prisoner's  case.  If  he  has  a 
mental  age  of  9  years  when  his  body  is  30  years  old;  if  his  mental  reactions 
are  negative  ;  if  he  has  the  inability  to  reason  for  himself  as  against  com- 
mission of  crime  then  he  is  likely  to  remain  in  prison  for  a  longer  period, 
supplying  thus  a  problem  that  criminologists  confess  is  the  most  stubborn 
of  all  their  problems.  If,  on  the  other  hand,  the  man's  record  shows  a  nor- 
mality of  mind  and  an  improved  condition  of  mental  reaction  which  should 
indicate  the  ability  to  "go  straight"  upon  his  release,  then  his  parole  is  a 
matter  of  course. 

The  prison  staff,  with  its  psychologist,  physician  and  psychiatrist;  its 
criminologist  and  its  trained  observers  in  a  lay  sense,  co-operating  with  the 
parole  board,  will  eventually  be  able  to  say  within  a  very  small  percentage 
of  error  whether  a  man,  upon  release,  will  go  straight  or  return  to  criminal 
paths.  If  given  the  latitude  of  study  we  desire,  the  machinery  to  pursue 
those  studies,  the  authority,  then  it  will  not  be  long  until  we  can  state  almost 
definitely  that  this  man  may  go  free,  and  need  not  be  watched,  but  this  other 
man,  when  he  has  served  his  time,  must  be  watched. 


ONE    WHO    BROKE    PAROLE 
June  10,  1920 

The  parole  board  has  recently  given  a  final  discharge  to  a  man  who  was 
paroled  in  1909.  If  I  may  digress  for  a  moment  and  tell  the  story  of  this  man 
I  believe  I  can  illustrate  how  the  parole  law  works  in  some  unusual  cir- 
cumstances. 


79 

This  man,  of  whom  I  speak,  was  first  sent  to  Joliet  in  1908  for  a  minor 
offense.  At  the  termination  of  his  minimum  of  sentence  he  was  paroled 
and  he  went  to  Chicago.  He  w-as  not  well  known  in  the  city  and  he  in  turn 
did  not  know  the  city  well.  Jol)s  were  hard  to  find.  The  police  were  watch- 
ing him  and  he  had  not  been  out  of  prison  long  before  he  was  arrested  as  a 
vagrant,  not  as  a  criminal,  and  sent  back  to  prison.  He  was  released  again. 
He  simply  could  not  find  work  and  soon  was  out  of  money. 

When  he  again  returned  to  Chicago  he  realized  that  he  was  no  better 
off  than  when  first  released  from  prison.  He  thought  over  his  condition 
for  a  while  and  then  violated  his  parole  by  leaving  the  state,  going  to  Cali- 
fornia. For  three  years  he  worked  on  a  steamer  operating  throughout  the 
length  and  breadth  of  the  Pacific  ocean.  He  returned  to  this  country  and 
went  to  Europe  on  another  job. 

He  was  married  and  two  children  were  born.  He  settled  in  another 
state  and  was  a  respected  citizen.  He  was  saving  money,  had  a  good  bank 
account.  But  all  the  time  there  was  preying  upon  his  mind  the  fact  that  he 
was  a  fugitive  from  justice  ;  he  knew  that  he  was  wanted  by  the  Illinois 
parole  board  for  "jumping"  his  parole. 

Finally,  last  year,  he  returned  to  this  city  and  visited  Major  Messlein, 
tfie  one  who  has  helped  so  many  down  and  outers  through  his  connection 
with  the  Volunteers  of  America. 

"What  shall  I  do?"  he  asked  Major  Messlein,  after  having  told  his  story. 

"Have  you  any  proof  of  what  you  have  told  me?"  the  major  asked.  The 
man  smiled  and  produced  a  diary,  kept  every  day  of  every  year  since  he  had 
left  Chicago.  It  was  a  minute  record  of  everything  the  man  had  done  since 
leaving  Chicago.  It  showed  the  money  he  had  earned  and  spent.  With  it 
were  his  passports,  his  marriage  certificate,  birth  certificates  for  his  chil- 
dren. It  was  complete  in  every  detail.  Such  documents  as  might  require  it 
were  certified. 

"Let  us  go  before  the  pardon  board  and  tell  the  story,"  Major  Messlein 
suggested.  The  board,  after  considering  the  case  from  every  angle,  after 
looking  over  the  man's  diary,  his  proofs,  extended  him  a  final  discharge. 
The  man  went  back  to  his  family  with  a  great  care  and  worry  lifted  from 
his  mind.  He  knew  then  that  his  children  would  not  suffer  disgrace,  for  he 
can  no  longer  be  arrested  as  an  escaped  criminal  and  he  is  certain  in  his 
own  mind  that  he  never  again  will  transgress. 


NEW   ILLINOIS    PRISON    RADICAL   DEPARTURE 


18TH    AND     21ST    CENTURIES     IN     PENAL    INSTITUTIONS     RUB     SHOULDERS 

AT    JOLIET 
May  29,  1920 

The  eighteenth  and  twenty-first  centuries  are  within  three  miles  of 
each  other  in  the  Joliet  district,  in  the  matter  of  penal  institutions,  for 
standing  in  sight  from  the  serried  towers  of  the  seventy-two  years  old 
Illinois  State  Penitentiary,  little  different  from  the  institutions  for  the  incar- 
ceration of  criminals  in  the  colonial  period,  is  the  first  finished  unit  of  the 
new  penitentiary  group  at  Stateville.  This  unit,  a  round  cell  house  of  four 
tiers,  housing  248  inmates,  designed  to  give  ninety  minutes  of  sunshine  every 
day  to  every  cell,  is  as  radical  a  departure  from  the  established  architecture 
of  penitentiaries  as  the  limousine  is  from  the  palanquin  in  transformation. 

From  the  Bastile  to  Sing  Sing,  from  the  stocks  of  Nanking  to  the  prison 
farm  of  Joliet,  from  the  knout  to  the  kind  word,  W.  Carbys  Zimmerman, 
head  of  the  architectural  firm  of  Zimmerman,  Saxe  &  Zimmerman,  of  64 
East  Van  Buren  street,  studied  penology  from  every  angle — the  physical, 
architectural,  hygienic,  psychological,  humane  and  reconstructive — to  pro- 
duce this  new  model  penitentiary. 


80 

FIRST    OF    ITS    KIND    BUILT 

It  is  needless  to  say  this  is  the  first  thing  of  its  kind  in  the  world.  Penol- 
ogists, criminologists  and  architects  specializing  in  public  institutions  from 
all  parts  of  the  country  have  viewed  the  new  work  at  Stateville,  have  been 
given  the  drafting  firm's  figures  and  have  gone  away  with  new  ideas  in 
mind  for  the  reconstruction  of  waste  human  material.  Already  the  New 
York  state  building  commission  has  adopted  the  idea  of  the  wall  that  is  to 
encircle  the  new  group,  scrapping  designs  that  cost  thousands  of  dollars 
to  produce,  in  favor  of  these.    Sing  Sing  is  to  be  inclosed  in  a  similar  wall. 

Stateville,  roughly,  is  the  2,200  acres  of  fertile  land  two  miles  west  of 
Lockport  selected  as  the  site  for  a  new  penitentiary  by  the  commission 
appointed  in  1909  by  Gov.  Charles  S.  Deneen,  James  A.  Patten  of  Evanston, 
Ira  C.  Copley  of  Aurora  and  John  Lambert  of  Joliet.  The  encroachment  of 
the  Illinois  steel  company's  plants  upon  the  present  penitentiary  at  Joliet, 
the  fact  also  that  it  has  outgrown  its  present  location,  weighed  heavily  in  a 
decision  for  a  new  institution. 

SURROUNDED     BY    33><     FOOT     WALL 

The  2,200  acres  constitute  the  present  prison  farm.  Directly  in  the 
center  of  this  square  parcel  of  land  lies  the  new  compound,  sixty-four  acres 
surrounded  by  a  concrete  wall,  33J-4  feet  high,  14  inches  thick  at  the  top 
and  24  inches  thick  at  the  ground.  Within  this  compound  is  to  be  a  series 
of  eight  circular  cell  houses  similar  to  the  one  now  occupied  by  the  inmates 
who  are  doing  all  of  the  construction  work.  These  cell  houses  radiate  in  a 
circle  from  a  central  dining  hall,  each  connected  with  the  central  building, 
which  also  is  circular,  by  covered  passageways.  Simlar  inclosed  avenues 
will  connect  the  first  of  a  series  of  cell  houses  with  the  administration  build- 
ing. Power  houses,  store  houses,  a  special  cell  house — corresponding  to  the 
present  "solitary" — are  detached  from  the  cell  house  group.  There  will  be 
only  one  gate  to  the  compound.  The  dining  room  will  seat  approximately 
the  entire  population  of  the  new  prison — more  than  2,000 — at  one  time;  the 
men  will  be  served  by  the  cafeteria  system,  another  new  idea  for  prisons. 

CLEAN,    AIRY    AS    AVIARY 

The  circular  cell  house,  the  heart  of  this  whole  new  system  for  recon- 
struction of  human  waste  inaterial,  gives  one  the  impression  upon  first  en- 
trance of  being  in  aviary,  so  light,  clean  and  airy  is  it.  It  is  built  of  concrete 
and  faced  brick,  with  cork  insulation  in  the  walls.  In  order  to  provide 
ninety  minutes  of  sunshine  to  every  cell  and  yet  permit  the  smallest  possible 
glass  roof  for  economy  in  heating,  Forrest  R.  Moulton,  professor  of  astron- 
omy at  the  University  of  Chicago,  plotted  a  curve  for  a  skylight,  with  two 
lateral  north  and  south  slots,  that  would  admit  the  ninety  minutes  of  sun- 
shine every  day  of  the  year.  That,  in  itself,  according  to  Albert  Moore 
Saxe,  of  the  architectural  firm,  was  a  scientific  feat. 

The  248  cells  are  all  alike.  At  present  more  than  300  men  are  housed  in 
the  new  cell  house  with  double  deck  beds,  but  this  is  a  temporary  arrange- 
ment to  provide  labor  for  the  work  in  hand.  The  cells  are  6  feet  6  inches 
wide  by  10  feet  3  inches  long  and  8  feet  high,  giving  five  times  the  air  space 
of  the  old  rectangular  cells.  In  the  old  prisons  only  here  and  there  a  cell 
has  an  outside  window.  In  the  new  cell  house  every  one  has  a  window 
almost  half  as  large  as  the  end  of  the  cell. 

GOOD-BY    TO    THE    WATER    BUCKET 

Another  radical  departure  is  the  inclusion  in  each  cell  of  a  toilet  and 
wash  bowl  with  running  water,  hot  and  cold.  This,  Mr.  Saxe  explained,  in- 
creases the  hygienic  value  of  the  cells  1,000  per  cent.  The  heating  and 
ventilating  arrangements  are  separate.  Even  if  a  man  closes  his  window 
tightly,  fresh  air  is  literally  forced  down  his  throat  by  the  ventilating 
system. 

In  the  center  of  the  house  is  a  tower,  surrounded  by  open  space.  Here 
the  guards  stand  watch.  Outside  the  building  is  a  succession  of  brilliant  opal 
electric  lights  which  throw  every  window  into  strong  relief  at  night  so  that 


81 

the  guard  may  see  from  his  position  in  the  center  any  movement  in  front 
of  any  window.  The  doors  of  the  cells  are  double  locked.  That  is,  they 
swing  to  and  are  locked  automatically  by  the  guard  in  the  center  with  his 
hydraulic  oil  control;  then  another  guard  makes  the  rounds  and  with  a 
key  sets  another  lock.  Any  one  of  the  cells  may  be  opened  independently 
of  the  others. 

The  wall  that  will  encircle  the  prison,  one-fourth  of  which  is  now  in 
place,  is  being  poured  into  molds.  A  section  of  it  was  standing  at  the  time 
of  the  recent  tornado  which  struck  the  district  and  although  the  storm 
wrecked  houses  and  destroyed  other  property  in  the  vicinity,  this  wall, 
which  received  the  full  effect  of  the  devastating  winds,  suffered  not  even  a 
scratch. 


82 


ENDORSEMENTS  OF  THE  PAROLE  LAW 


Note:  It  has  been  the  policy  of  the  Division  of  Pardons  and  Paroles  in  its  administration 
of  the  parole  law  of  the  state  of  Illinois,  to  co-operate  with  the  committing  authorities  of  the 
various  counties  of  the  state.  Prior  to  the  present  administration  no  effort  was  made  by  those 
entrusted  with  the  administration  of  this  law  to  keep  in  touch  with  the  judges  and  state's  attor- 
neys and  invite  their  co-operation.  As  a  result,  at  the  various  meetings  of  the  State's  Attorne>-s' 
A^ociation  of  Illinois  resolutions  were  adopted  condemning  the  parole  law  and  asking  for  its 
repeal.  Former  State's  Attorney  Maclay  Hoyne  of  Cook  county  was  especially  severe  in  his 
condemnation  of  the  law  and  its  administration.  He  charged  against  this  law  all  the  crimes 
committed  in  the  city  of  Chicago.  He  made  it  appear  that  the  few  hundred  men  on  parole  in 
that  city  were  committing  the  thousands  of  crimes  and  the  grand  juries,  under  his  direction,  had 
repeatedly  passed  condemnatory  resolutions.  An  investigation,  however,  revealed  the  fact  that 
out  of  one  thousand  true  bills  found  by  the  grand  juries  of  that  county,  only  nine  were  against 
men  on  parole  from  the  Illinois  state  penal  institutions. 


ILLINOIS   STATE'S   ATTORNEYS'   ASSOCIATION    IN    1919 

The  State's  Attorneys'  Association  of  Illinois,  in  annual  convention 
assembled,  having  had  under  consideration  the  parole  act  of  Illinois,  declare  : 

First — That  the  records  of  the  three  penal  institutions — Joliet — Chester 
— Pontiac — together  with  the  records  of  the  Division  of  Pardons  and  Paroles, 
disclose,  under  the  operation  of  said  act,  a  remarkably  small  percentage  of 
paroled  persons,  who  have,  while  on  parole,  been  charged  with  the  com- 
mission of  new  and  other  offenses,  and  sentenced  therevinder  to  return. 

Second — That  the  purpose  and  spirit  of  said  act  is  wholesome  and  good, 
and  its  administration,  as  now  conducted,  has  been,  and  is  producing  excel- 
lent results. 

Be  it  Therefore  Resolved,  By  the  association  that  the  said  parole  act,  be 
and  the  same  is  hereby  endorsed  and  approved — and. 

Be  it  Further  Resolved,  That  the  administration  of  said  act,  under  the 
direction  and  supervision  of  Will  Colvin,  Superintendent  of  Pardons  and 
Paroles,  and  his  associates,  John  L.  Whitman,  Superintendent  of  Prisons, 
and  James  E.  McClure,  Assistant  Director,  be  and  the  same  is,  most  heartily 
approved,  and. 

Be  it  Further  Resolved,  That  this  association  will  co-operate,  in  the 
fullest  measure  possible,  with  said  administrative  officials,  in  carrying  on 
this  important  work. 


ILLINOIS    STATE'S    ATTORNEYS'    ASSOCIATION    IN    1920 

Note:  At  the  annual  meeting  of  the  Illinois  State's  Attorneys'  Association  held  in  the  city 
of  Chicago,  December  29-30,  1920,  the  association  again  went  on  record  as  endorsing  the  parole 
law  and  its  present  administration  by  the  adoption  of  the  following: 


The  State's  Attorneys'  Association,  in  annual  convention  assembled, 
having  had  under  consideration  the  parole  act  of  Illinois  and  its  administra- 
tion, reaffirm  the  faith  of  this  association  in  said  act  and  in  its  adminstra- 
tion,  as  declared  in  resolutions  adopted  by  this  association  in  its  annual 
session  at  Decatur  in  December,  1919. 

We  realize  that  there  are  criticisms  of  the  said  act  and  of  its  administra- 
tion but  we  declare  that  such  criticisms  are  not  based  on  the  record  and 
while  we  thoroughly  understand  that  a  paroled  person  may  again  violate  the 
law,  the  records  show  that  the  percentage  of  such  violations  is  so  remark-- 
ably  small  that  the  act  and  its  administration,  by  the  officials  in  charge 
thereof,  deserves  the  commendation  and  approval  of  this  association  and  the 
same  is  hereby  given. 


83 

CHICAGO    CRIME    COMMISSION 

Note:  Because  of  the  crime  condition  in  the  city  of  Chicago,  the  Chicago  Association  of 
Commerce  organized  the  Chicago  Crime  Commission.  The  object  of  this  co-nmission  is  the 
study  of  the  crime  situation  in  that  city  for  the  purpose  of  co-operating  witli  the  police  depart- 
ment and  the  prosecuting  officials  and  the  distribution  of  correct  information  on  all  phases  of  the 
crime  problem,  with  the  end  in  view  of  suggesting  amendments  to  and  methods  of  enforcing  the 
criminal  laws. 

The  commission  employed  Henry  Barrett  Chamberlin  as  operating  director.  Because  of  the 
attitude  of  the  then  state's  attorney  of  Cook  county,  and  of  some  of  the  newspapers  of  that  city, 
the  crime  commission,  early  in  its  existence,  began  an  investigation  of  the  administration  of  the 
Illinois  state  parole  law  by  the  Division  of  Pardons  and  Paroles.  Mr.  Chamberlin  and  officials 
and  members  of  the  crime  ccmimission  attended  meetings  of  the  division  sitting  as  a  parole  board 
at  the  Illinois  State  Pcnitcntiarj'  at  Joliet,  and  the  Illinois  State  Reformatory  at  Pontiac.  Mr. 
Chamberlin  was  also  assigned  to  attend  a  meeting  of  the  division  at  the  Southern  Illinois  Peni- 
tentiary at  Menard.  The  result  of  this  investigation  and  of  other  observation  of  the  operation  of 
the   parole    law   as   at   present   administered,    has   brouglit   frequent   commendation. 


Ill  the  crime  coinmissioii's  bulletin  of  Januarj'  10,  1919,  will  be  found 
the  following  report: 

Your  committee  on  punishment  and  parole  reports  that  at  various  times 
members  of  this  committee,  in  company  with  the  operating  director,  have 
attended  meetings  of  the  Division  of  Pardons  and  Paroles  at  Springfield 
and  Joliet,  and  that  the  operating  director  alone  was  instructed  to  attend  a 
session  at  Menard.  The  hearing  of  the  Earl  Dear  case  was  attended  by  the 
operating  director  as  the  representative  of  the  Chicago  Crime  Commission. 
The  application  for  pardons  or  commutation  of  sentences  in  the  cases  of 
two  murderers  serving  life  sentences  and  two  rapists  serving  fourteen  year 
sentences  were  opposed  formally  by  the  vice-chairman  and  operating 
director  on  November  19,  1919.  These  cases,  all  of  them  with  records  of  the 
greatest  brutality,  were  being  urged  for  favorable  consideration  by  the 
friends  of  the  prisoners  and  entirely  ignored  by  representatives  of  prosecut- 
ing authorities.  The  commission,  because  of  its  information  concerning 
these  cases,  was  enabled  to  present  illuminating  data  for  consideration  of 
the  Division  of  Pardons  and  Paroles,  with  the  result  that  recommendations 
were  made  to  the  governor  that  the  petitions  be  not  granted,  recommenda- 
tions in  which  the  executive  concurred. 

It  is  the  belief  of  this  committee  that  the  present  personnel  of  the  division 
is  beyond  reproach  and  that  their  decisions  are  made  after  the  gravest  de- 
liberation and  for  the  best  interests  of  society.  That  much  of  the  condem- 
nation applied  to  the  parole  system  is  unjust  and  is  confused  with  the  term 
"probation."  Paroles  are  granted  only  after  a  man  has  served  his  minimum 
sentence;  whereas,  probation  is  an  act  within  the  discretion  of  the  court 
and  was  designed  to  protect  the  chance  or  first  offender  from  the  degradation 
of  the  felon's  stripe.  As  it  is  now  applied  it  is  a  farce.  Men  with  criminal 
records,  gunmen  and  old  oflfenders  are  the  beneficiaries  of  this  law.  Proba- 
tion is  not  within  the  scope  of  this  committee,  rightfully  coming  under  the 
observation  of  the  committee  on  courts,  and  is  merely  mentioned  to  differ- 
entiate as  between  probation  and  parole  in  order  that  it  may  be  understood 
that  parole  is  many  times  quoted  when  the  term  "probation"  should  be  used. 


CONSCIENTIOUS  WORK 

Note:  At  the  twelfth  annual  meeting  of  the  American  Institute  of  Criminal  Law  and 
Criminology  held  at  Indianapolis,  September  17,  1920,  Henry  Barrett  Chamberlin,  operating  direc- 
tor of  the  Chicago  Crime  Commission,  read  a  paper  bearing  upon  the  acconipli-shnients  of  the 
commis.sion.  In  this  paper  Mr.  Chamberlin  paid  the  following  tribute  to  the  administration  of 
the  Illinois  state  parole  law. 


The  commission  has  given  considerable  attention  to  the  administration 
of  the  parole  law.  Much,  in  fact  most  of  the  criticism  of  this  law  is  due  to 
one  of  two  things  :  i.  e.,  the  convicts  released  under  the  administration  of  the 
state  board  of  pardons  which  went  out  of  existence  in  1917  with  the  passage 
of  the  administrative  code,  or,  confusion  of  the  terms  "parole"  and  "proba- 


84 

tion."  The  press  constantly  uses  the  word  "parole"  when  "probation"  is 
meant.  The  police,  the  jurists  and  lawyers  invariably  confuse  the  terms,  to 
the  detriment  of  parole.  An  analysis  of  the  various  Cook  county  jury  reports 
decrying  the  great  number  of  paroled  men  brought  before  them  usually  de- 
velops that  they  are  paroled  from  other  states  or  are  on  probation.  "Pa- 
role" is  the  term  applied  to  the  convict  who  has  served  at  least  the  minimum 
of  his  indeterminate  prison  or  reformatory  sentence.  The  date  of  hearing 
is   set  considerably   in   advance   by  the    Division   of    Pardons   and    Paroles. 

Anyone  interested  in  the  case,  either  for  or  against,  is  notified  and 
may  appear  at  each  hearing.  The  commission  has  filed  its  objection  to  the 
release  of  numerous  prisoners.  Representatives  of  the  commission  have 
attended  sessions  of  the  Division  of  Pardons  and  Paroles.  In  every  case 
contested  by  the  commission  parole  or  commutation  of  sentence  has  been 
denied.  The  work  of  the  board  has  been  observed  in  cases  where  the  com- 
mission has  no  especial  interest  and  wherever  cause  was  shown  why  the 
applicant  should  not  be  released  from  custody  the  petition  was  denied. 

Those  who  advocate  the  repeal  of  the  parole  law  should  remember  that 
all  of  the  inmates  of  Joliet,  Chester  and  Pontiac  are  not  Chicago  gunmen. 
There  are  men  there  for  stealing  a  few  chickens  ;  for  making  an  inadver- 
tent remark,  as  one  iceman  did  in  East  St.  Louis  during  the  race  riot  when 
in  response  to  a  query  to  the  erfect  of  "did  you  kill  any  negroes?" — he  re- 
plied, "Yes!  I  got  'em  here  on  ice" — or  words  to  that  effect;  for  many  things 
from  down  state  which  would  be  a  misdemeanor  in  Chicago  and  suffer  no 
more  than  a  fine  or  a  few  days  in  the  county  jail  or  house  of  correction. 

These  people  should  not  be  denied  the  opportunity  to  return  to  society 
and  ma'  e  good  under  the  guidance  of  the  parole  officer. 

If  all  of  our  public  servants  functioned  as  conscientiously  as  the  present 
Division  of  Pardons  and  Paroles  there  would  be  no  need  for  the  continued 
existence  of  the  Chicago  Crime  Commission. 


85 


OPEN    LETTERS   TO   ILLINOIS    STATE'S    ATTORNEYS 

Note:  At  the  time  the  annual  1''20  meeting  of  the  Illinois  State's  Atorncys'  Association 
was  holding  its  sessions  in  the  city  of  Chicago  on  December  2?-30,  certain  Chicago  newspapers 
were  engaged  in  propaganda,  seeking  the  suspension  of  the  operation  of  the  parole  law.  Articles 
were  published  by  them  misquoting  members  of  the  association.  The  association  passed  re.solu- 
tions  endorsing  the  parole  law  without  a  dissenting  vote.  In  line  with  these  misrepresentations 
a  telegram  was  sent  to  down-.state  newspapers.  Because  of  this  it  was  tliought  advisable  to 
address  an  open  letter  to  all  of  the  state's  attorneys  in  the  state  of  Illinois  in  order  that  those 
who  were  not  present  might  be  advised  of  the  facts.  It  may  be  seen  from  the  letter  which 
follows  that  the   quotations  were  without  v.-arrant   and   erroneous. 


January  5,  1920. 
To  the  State's  Attorneys  of  Illinois: 

Gentlemen  :  The  members  of  the  Division  of  Pardons  and  Paroles  regret 
it  is  necessary  to  take  this  means  of  correcting  newspaper  accounts  of 
■w^hat  took  place  at  the  annual  meeting  in  Chicago,  on  December  29th  and 
30th,  of  the  Illinois  State's  Attorneys'  Association,  but  the  harm  to  the  public 
welfare  is  so  great  that  we  feel  the  state's  attorneys,  who  were  not  present 
at  the  annual  meeting,  should  be  correctly  acciuainted  with  the  facts. 

On  Wednesday'  afternoon,  December  29th,  one  of  the  press  associations 
sent  a  dispatch  from  Chicago  to  its  down-state  papers  that  has  done  great 
harm  throughout  the  state.  As  printed  in  an  afternoon  newspaper  at 
Springfield,  the  text  of  this  dispatch  was  as  follows  : 

ATTORNEYS  FOR  SUSPENSION  OF  STATE  PAROLE 


(By  International  News  Service.) 

Chicago,  December  29. — Almost  unanimous  approval  of  a  state 
law  providing  for  suspension  of  parole  in  Chicago  and  other  cities  in 
Illinois,  life  imprisonment  for  bandits  who  pursue  the  practice  of 
armed  raids  and  reports  of  a  marked  increase  in  crime  in  the  state, 
featured  the  session  of  the  Illinois  State's  Attornej^s'  Association 
which  met  here  today. 

The  state's  attorneys  almost  without  exception,  reported  in- 
creases in  crime  in  practically  every  corner  of  Illinois  during  1920 
and  declared  the  increase  had  not  been  confined  entirely  to  the 
larger   cities. 

State's  Attorney  Charles  P.  Evans,  of  Decatur,  told  the  associa- 
tion that  paroling  of  known  criminals  who  have  records  was  one  of 
the  reasons  for  the  crime  increase.  "This  is  an  evil,"  he  said,  "be- 
cause it  does  not  reform  them.  I  believe  suspension  of  the  parole 
law  for  awhile  would  be  a  very  good  thing." 

Roy  Cline,  newly  elected  state's  attorney  of  Champaign,  told 
the  gathering  that  much  of  crime  in  Champaign  and  other  smaller 
Illinois  cities  was  traceable  directly  to  Chicago  "crooks  and  bandits." 

In  a  letter  to  the  Division  of  Pardons  and  Paroles,  under  date  of  Jan- 
uary 5,  1920,  State's  Attorney  Evans,  of  Macon  county,  says: 

"Mr.  Jesse  L.  Deck  has  this  day  handed  me  your  letter  to  him 
of  the  3rd  inst.,  in  which  you  said  that  you  had  noticed  a  paragraph 
in  one  of  the  Chicago  papers  purporting  to  quote  me  as  being 
opposed  to  the  parole  law. 

"I  desire  to  state  to  you  that  I  was  altogether  misquoted.     Mr. 
Clark,  representing  the  Chicago  Examiner,  as  I  recall,  was  introduced 
-  to  me  by  Mr.  Lauder  and  asked  me  my  opinion  on  tb.c  parole  law. 
I  stated  to  him  that  I  was  for  the  parole  law  because  it  was  our  ex- 
perience   and   observation    that    fully  90   per   cent   of    the    prisoners 


86 

paroled  made  good.  That  is  my  position  now.  I  am  at  a  loss  to 
understand  how  or  why  I  should  be  misquoted  unless  he  meant  to 
deliberately  misquote  me. 

"I  desire  to  assure  you  that  I  shall  be  glad  to  aid  the  department 
at  any  and  all  times  in  their  work  with  the  convicts  who  may  be 
sent  from  this  county.  I  desire  to  assure  you  and  your  fellow  mem- 
bers of  the  Division  of  Pardons  and  Paroles  that  it  will  be  my 
pleasure  to  co-operate  with  you  in  any  way  possible  with  your 
work  and  you  will  feel  free  to  command  me  at  any  time. 

"Trusting  that  this  brief  statement  will  put  me  right  as  to  my 
real  position  upon  the  parole  law  of  this  state,  I  am 
Yours  very  truly." 

At  the  time  this  dispatch  was  sent  from  Chicago  the  state's  attorneys 
had  not  considered  the  parole  law.  On  the  second  day  of  the  annual  session, 
the  following  resolution,  which  speaks  for  itself,  was  adopted  by  the  associa- 
tion, without   a  dissenting  vote  : 

"The  State's  Attorneys'  Association,  in  annual  convention  as- 
sembled, having  had  under  consideration  the  parole  act  of  Illinois 
and  its  administration,  reaffirm  the  faith  of  this  association  in  said 
act  and  in  its  administration,  as  declared  in  resolutions  adopted  by 
this  association  in  its  annual  session  at  Decatur,  in  December,  1919. 
"We  realize  that  there  are  criticisms  of  the  said  act  and  of  its 
adminstration  but  we  declare  that  such  criticisms  are  not  based  on 
the  record  and  while  we  thoroughly  understand  that  a  paroled  per- 
son may  again  violate  the  law,  the  records  show  that  the  percentage 
of  such  violations  is  so  remarkably  small  that  the  act  and  its  ad- 
ministration, by  the  officials  in  charge  thereof,  deserves  the  com- 
mendation and  approval  of  this  association  and  the  same  is  hereby 
given." 

Misrepresentations  in  the  public  press  do  incalculable  harm  to  the 
public  welfare.  The  ordinary  newspaper  reporter  knows  nothing  about  the 
problems  of  parole,  as  they  relate  to  the  public  welfare,  and  cares  nothing 
about  them.  The  efforts  of  conscientious  men,  who  have  devoted  years  of 
their  lives  to  a  study  of  criminal  problems,  can  be  destroj^ed  in  a  day  by  an 
irresponsible  reporter  and  there  is  no  recourse. 

Upwards  of  four  3-ears  of  co-operation  between  the  state's  attorneys  of 
Illinois  and  the  state  paroling  authorities  has  produced  exceptional  results. 

It  is  the  earnest  desire  of  the  members  of  the  Division  of  Pardons  and 
Paroles  to  continue  to  co-operate  with  every  state's  attorney,  both  old  and 
new. 

WILL  COLVIN,  Superintendent. 


87 


FIRST   YEAR   OF    CO-OPERATION 


BETWEEN     CHICAGO     POLICE     DEPARTMENT     AND 
STATE    PAROLING    AUTHORITIES 

Note:  Although  their  problems  were  the  same,  that  of  best  serving  the  public  welfare,  for 
more  than  twenty  years  the  state  paroling  auUiorities  and  the  department  of  police  in  the 
great  city  of  Ciiicago  never  so  much  as  met  upon  a  common  ground  until  two  years  ago.  In 
Januan.-,  1919,  the  general  superintendent  of  police  and  the  state  paroling  authorities  agreed  upon 
a  plan  of  co-operation.  Most  satisfactory  results  accompanied  the  first  year  of  co^-operation,  as 
shown  by  the  reports  of  Sergeant  of  Police  Michael  J.  Hogan,  and  William  Cliristy,  assistant 
chief  parole  agent. 


REPORT   OF   SERGEANT   MICHAEL  J.   HOGAN 

Chicago,  Illinois, 
February  6,  1920 
Mr.  Will  Colvin,  Superintendent, 

Division  of  Pardons  and  Paroles, 

Springfield,  Illinois. 

Sir:  In  complying  with  your  request  I  am  pleased  to  inform  you,  and 
through  you  the  Division  of  Pardons  and  Paroles,  that  in  my  opinion  the 
co-operation  between  the  police  department  of  the  city  of  Chicago  and  the 
parole  office  of  the  Division  of  Pardons  and  Paroles  in  said  city,  is  a  great 
success. 

General  Superintendent  of  Police  John  J.  Garrity,  is  satisfied  with  the 
results.  Under  this  arrangement  I  can  truthfully  say  that  in  any  case  where 
a  mistake  has  been  made  or  an  injustice  done  to  a  paroled  man,  the  superin- 
tendent of  police  has  had  the  matter  investigated  immediately. 

Captain  P.  D.  Clarkson,  chief  parole  agent,  and  William  Christj',  as- 
sistant chief  parole  agent,  and  their  assistants,  have  co-operated  with  the 
police  sergeants  who  are  under  me  and  who  have  been  assigned  to  the 
parole  office.  This  co-operation  has  extended  to  the  department  of  police 
of  the  city  of  Chicago,  in  general. 

In  all  cases  where  paroled  men  are  arrested  and  taken  to  the  bureau  of 
identification,  or  otherwise  held,  we  are  at  once  notified  and  make  a  thor- 
ough investigation.  If  the  arrest  is  only  a  "pick-up"  we  make  explanation 
to  the  commanding  officer  and  he  directs  the  police  under  him  to  turn  them 
over  to  us.  This  saves  the  paroled  men  from  appearing  in  court.  In  cases 
where  it  appears  that  the  men  arrested  are  not  respecting  the  conditions 
of  their  parole  agreements,  we  recommend  that  they  be  turned  over  to  Mr. 
Christy,  together  with  a  written  report  from  the  police  and  matter  covering 
the  facts  surrounding  the  arrest.  This  report  is  forwarded  by  Mr.  Christy 
to  the  members  of  your  division. 

As  I  indicated  above,  the  results  of  this  system  have  been  vcrj'  satis- 
factory. It  has  brought  about  a  more  harmonious  feeling  between  the  com- 
manding officers,  the  detective  sergeants  and  the  police  officers  in  general^ 
and  the  parole  officers.  The  police  officers  liave  been  able  to  see  the  direct 
results  that  have  been,  and  are  being,  obtained. 

Respectfully  yours, 

MICHAEL  J.  HOGAN,  Sergeant. 

REPORT    OF    WILLIAM    CHRISTY,    ASSISTANT    CHIEF 
PAROLE   AGENT 

Chicago,  Illinois, 
February  5,  1920 

I  have  the  honor  of  submitting  the  following  report  concerning  the  co- 
operation which  has  existed  between  the  Chicago  headquarters  of  the  Divi- 


sion    of    Pardons    and    Paroles    and    the    police    department    of    the    city   of 
Chicago  during  the   past  year: 

It  was  with  a  great  deal  of  anxiety,  and  at  the  same  time  some  little  un- 
certainty as  to  the  results  which  would  be  attained,  with  which  the  an- 
nouncement of  a  pledge  of  better  co-operation  on  the  part  of  the  Chicago 
police  department  was  received  at  this  headquarters.  This  was  due  to  the  fact 
that  previously  there  had  been  a  practice  on  the  part  of  some  police  officers 
and  officials  to  look  askance  at  the  parole  law,  and  to  annoy  paroled  men 
when  any  crime  was  committed  in  the  section  of  the  city  in  which  they  were 
located.  In  a  manner  this  might  be  attributed  to  the  desire  on  the  part  of 
some  police  officers  and  officials  to  make  records  in  "cleaning  up"  cases  in 
their  district. 

However,  under  the  agreement  of  co-operation  which  has  been  entered 
into  between  the  Division  of  Pardons  and  Paroles  and  the  Chicago  police 
department  a  better  feeling  has  been  engendered,  and  this  has  brought 
benefits  to  both  departments.  Suspicions  on  the  part  of  each  concerning 
the  work  and  motives  of  the  other  have  given  way  to  confidence,  with  the 
result  that  officers  assigned  to  special  work  at  the  Chicago  headquarters  of 
the  Division  of  Pardons  and  Paroles  have  been  convinced  of  the  real  mo- 
tives of  the  parole  system  and  they  have  co-operated  in  a  very  satisfactory 
manner  during  the  year  this  agreement  has  been  in  effect.  Whereas,  in  the 
past  there  has  been  cause  for  complaint — alleged  underhanded  methods  on 
the  part  of  police  to  hamper  men  on  parole — there  is  now  a  better  feeling 
in  evidence,  because  of  a  clearer  understanding  of  the  parole  law  and  the 
work  which  the  Division  of  Pardons  and  Paroles  is  doing  in  the  enforcement 
of  this. 

The  co-operative  agreement  has  given  the  Chicago  police  department 
the  fullest  information  concerning  the  efforts  and  progress  of  all  men  under 
parole  in  this  territory,  and  has  made  it  possible  to  secure  this  information 
from  first  hand  sources.  On  the  other  hand,  this  co-operation  has  worked 
to  the  benefit  of  the  Chicago  headquarters  of  the  Division  of  Pardons  and 
Paroles  in  that  the  minds  of  police  officers  have  been  cleared  from  that 
element  of  suspicion  so  prevalent  in  the  past  and  which  was  to  a  greater  or 
lesser  degree  the  cause  of  any  friction  which  might  have  been  manifested 
between  the  two  departments. 

The  co-operation  which  has  existed  between  the  Chicago  police  depart- 
ment and  the  local  headquarters  of  the  Division  of  Pardons  and  Paroles 
during  the  past  year  has  been  most  satisfactory  in  the  main.  Mutual  assist- 
ance has  been  given  to  each  by  the  otyer,  with  the  promise  a  continuation 
of  the  present  agreement  will  bring  greater  and  greater  results  as  time 
goes  on. 

It  is  with  pardonable  pride  your  attention  is  directed  to  the  fact  that 
whereas  in  the  past  with  each  "clean-up"  in  connection  with  a  "crime- 
wave",  the  heaviest  toll  taken  by  the  Chicago  police  department  has  been 
men  paroled  from  the  various  state  institutions,  while  in  the  "clean-up" 
during  the  past  few  months,  during  which  more  than  1,700  suspects  were 
brought  to  precinct  stations  for  questioning,  not  a  single  parolee  was  taken 
into  custody.  The  record  is  the  most  illuminating  in  the  experience  of  the 
Chicago   headquarters  of  the   Division  of   Pardons   and   Paroles. 

This  headquarters  are  anxious  for  a  continuation  of  the  co-operative 
agreement  with  the  Chicago  police  department  during  the  coming  year  and 
will  bend  its  best  energies  to  securing  results  which  will  be  mutually 
beneficial. 

Respectfully  submitted, 

WILLIAM  CHRISTY, 
Assistant  Chief  Parole  Agent. 


89 


3t/it£  of  Illinois 
Division  or  Pardons  and  P/iroiis 

Parole  Districts    }^"'^ 

fffccriuErliiCH  1  19Z0 

Vc/tKy  I  Bu/iL/fU 

(mcK  ISIAAIO 


llCH'CflGO 


DISTRICT  Ht/IDQUJIRTEKS 

1  CHICAC50 

2  JOLIET 


1  ROCK   ISLAND 

\  PONTIAC 

5  LEWISTOWN 

6  PARIS 

7  SPRINGFIELD 

8  E.St.  LOUIS 

9  Mt.  VERNON 
10  MC  LEANSBORO 


90 


DOWN   STATE   SURVEY 


CRIME   CONDITIONS    IN    1920    COMPARED    WITH    FORMER    YEARS 

While  Chicago  has  suffered  from  a  carnival  of  crime,  similar  to  that 
which  swept  through  other  larger  cities  of  the  country,  a  survey  bj^  the 
parole  agents  of  the  Division  of  Pardons  and  Paroles  reveals  that  the 
larger  cities  of  Illinois,  outside  of  Chicago  have  suffered  less  from  crime 
this  3'ear  than  in  prior  years. 

In  making  this  survey  chiefs  of  police  in  the  larger  cities,  sheriffs  and 
state's  attorneys  were   interviewed  as  to  conditions  in  their  localities. 

It  is  perculiarly  noted  that  in  the  larger  cities  of  the  down  state,  such  as 
Rock  Island,  Peoria,  Springfield,  East  St.  Louis  and  Decatur,  in  all  of  which 
crime  has  been  less  during  the  j^ear  1920  than  in  former  years,  the  closest 
co-operation  is  being  had  between  the  state  parole  authorities  and  the 
police  departments.  The  above  comparisons  of  the  past  j-ear  with  former 
years  were  obtained  from  such  chiefs  of  police  as  Thomas  Cox  of  Rock 
island,  W.  W.  Rhoades  of  Peoria,  William  J.  Mulconnery  of  East  St.  Louis, 
Wilbur  Morris  of  Springfield,  and  E.  G.  Allen  of  Decatur,  all  men  who  have 
had  many  years  of  experience  in  their  individual  localities,  and  who  are 
among  the  best  known  chiefs  of  police  in  the  United  States: 

Briefly  summarized  here  is  what  they  say  about  the  year  1920: 

ROCK   ISLAND    DISTRICT  NO.  3 

Rock  Island — Chief  of  Police  Thomas  Cox  of  the  city  of  Rock  Island, 
and  Sheriff  John  G.  Miller  of  Rock  Island  county  both  report  that  there 
has  been  less  crime  committed  in  the  cities  of  Rock  Island,  Moline  and 
East  Moline  than  in  previous  years.  In  former  3'ears  the  numbers  of  pris- 
oners held  in  the  county  jail  of  Rock  Island  county  ranged  from  sixty  to 
one  hundred  and  twenty.  During  the  past  year  the  lowest  number  of  pris- 
oners in  the  county  jail  was  on  Alay  26,  1920,  when  there  was  seven.  The 
highest  number  of  prisoners  confined  in  the  countj'  jail  at  one  time  was  on 
September  22,  1920,  when  there  was  thirty-two.  This  is  in  a  county  with 
a  population  of  93,000. 

Chief  of  Police  Thomas  Cox,  who  has  the  reputation  of  being  one  of  the 
"best  thief  catchers"  in  the  state  of  Illinois,  reports  that  the  total  number 
of  arrests  made  during  the  year  was  1,336,  a  reduction  of  2)72i  cases  from 
the  record  of  1919.  Of  this  total  number  of  arrests  486  were  under  state 
warrants  for  violation  of  the  motor  vehicle  law;  112  were  under  city  war- 
rants for  driving  automobiles  past  street  cars  while  receiving  and  dis- 
charging passengers;  44  were  for  violating  the  "dimmer"  ordinance;  two 
were  for  violating  the  "cut-out"  ordinance  ;  and  one  was  for  driving  without 
lights.  It  will  therefore  be  seen  that  50  per  cent  of  the  total  of  1,336  were 
for  violation  of  the  vehicle  laws. 

It  is  interesting  to  note  in  this  connection  that  Air.  Cox's  report  points 
out  that  the  record  of  arrests  and  convictions  for  the  year  1920  was  not  only 
i72>  less  than  the  record  of  1919  but  1618  less  than  the  record  of  1918  and 
2467  less  than  the  record  of  1917. 

Moline— Chief  of  Police  Ben  Dejaeger  reports  that  crime  has  materially 
decreased  during  the  past  year  in  the  city  of  Moline  in  Rock  Island  county. 
However,  the  year  has  been  made  exceptional  by  the  commission  of  some 
sensational  robberies.  There  was  one  daylight  bank  robberj',  one  attempted 
bank  robbery,  and  one  street  car  hold-up. 

However,  the  number  of  arrests  made  during  the  year  1920  were  con- 
siderably less  than  arrests  made  during  the  year  1919.  As  in  Roc'c  Island, 
the   larger   percentage   of   arrests   were   for   violation   of   the   vehicle   traffic 


91 

laws.  The  number  of  arrests  made  for  violating  tlic  speed  limit  law  was 
463,  while  150  were  charged  with  violating  the  auto  light  law. 

Chief  Dejaeger  states  that  there  has  been  a  very  material  decrease  in 
the  amount  of  crime  committed  and  that  he  is  highly  pleased  with  the  re- 
sults. He  succeeded  in  apprehending  not  only  those  who  attempted  the 
bank  hold-up  but  also  those  who  succeeded  in  robbing  the  Commercial 
Bank  of  Moline.  He  likewise  succeeded,  through  the  assistance  of  Chief 
Thomas  Cox  of  Rock  Island,  in  arresting  those  who  perpetrated  the  street 
car  hold-up. 

Chief  Dejaeger  is  in  deep  sympathy  with  the  state  parole  law  and  co- 
operates with  the  paroling  authorities  of  this  state. 

East  Moline — Chief  of  Police  Thomas  Schaffer  of  East  Moline  states 
that  the  year  1920  showed  a  very  material  decrease  not  only  in  the  number 
of  arrests  made  but  in  the  number  of  crimes  committed. 

Galesburg — Chief  of  Police  Fred  Hinman  of  Galesburg  reports  that  there 
has  been  a  decrease  in  crime  in  the  city  of  Galesburg,  in  Knox  county. 

Dixon — Chief  of  Police  J.  D.  VanBebber  of  Dixon,  in  Lee  county,  re- 
ports that  there  is  a  material  change  for  the  better  in  criminal  conditions 
in  and  about  the  city  of  Dixon. 

Sheriff  Frank  Schoenholz  of  Lee  county  verifies  this  statement. 

Sterling — Chief  of  Police  John  Haglock  reports  that  crime  conditions 
were  considerably  improved  in  1920  over  1919  in  and  about  Sterling  and 
Rock  Falls  in  Whiteside  county. 

Kewanee — Chief  of  Police  John  Ashly  reports  that  the  city  of  Kewanee, 
in  Henry  county,  has  been  remarkably  free  from  crime  during  the  year  1920. 

Monmouth — Sheriff  Ira  Hicks  of  Warren  county  reports  that  conditions 
existing  in  Monmouth  and  Warren  country  are  very  gratifying.  It  is  be- 
lieved that  there  has  been  a  material  reduction  in  crimes  during  the  year 
1920  over  the  year  1919. 

DISTRICT   NO.   1.   OUTSIDE   OF    CHICAGO 

Freeport — Chief  of  Police  William  Root  of  Freeport,  in  Stephenson 
county,  believes  that  there  has  been  a  material  decrease  in  the  number  of 
arrests  made.  He  further  says  that  the  illicit  manufacture  and  sale  of 
liquor  constitutes  a  large  percentage  of  law  violations  in  Freeport. 

Sheriff  Hayes  of  Stephenson  county  \'erifics  this  report. 

Rockford — Chief  of  Police  Bargen  of  the  city  of  Rockford,  in  Winnebago 
county,  reports  1400  more  arrests  in  the  year  1920  than  in  the  year  1919. 
He  states,  however,  that  about  eighty  per  cent  of  these  arrests  were  for 
violation  of  the  traffic  and  parking  ordinances.  Eliminating  the  violation 
of  the  vehicle  traffic  ordinance,  the  decrease  in  the  year  1920  from  1919  is 
very  material. 

Sheriff  Baldwin  of  Winnebago  county  reports  a  very  marked  decrease 
in  the  commission  of  crime  in  the  county  as  a  whole.  He  states  that  it  is 
his  belief  that  this  is  owing  to  a  great  degree  to  the  decrease  in  population 
at  Camp  Grant. 

Mt.  Morris  and  Ogle  County — Sheriff  Banning  reports  a  very  material 
decrease  in  crime  during  1920  as  compared  with   1919. 

Belvidere — Chief  of  Police  William  ■  Richardson  of  Belvidere  reports 
that  there  has  been  but  very  little  crime  committed  there  during  the  past 
year. 

State's  Attorney  Frank  Oakley  verifies  the  statement  of  Chief  Richard- 
son as  to  Belvidere  and  states  that  this  applies  to  the  entire  county. 

DeKalb— Sheriff  Decker  of  DcKalb  county  states  that  there  has  been 
very  little  crime  committed  in  the  city  of  DeKalb  and  DcKalb  county  during 
the  year  1920  and  that  it  is  less  than  the  crime  committed  during  the  year 

1919. 

Wheaton— Sheriff  Lienecke  of  DuPage  county  reports  that  \\  heaton 
and  DuPage  county  has  been  free  from  any  sort  of  crime  wave.  He  further 
states  that  there  has  been  a  decrease  in  the  commission  of  misdemeanors 
and  offenses  of  the  lesser  degree. 


92 

Elgin — Chief  of  Police  Gehen  of  Elgin  reports  that  only  about  one-half 
of  the  number  of  arrests  were  made  in  1920  as  were  made  in  1919.  He  attri- 
butes this  to  the  fact  that  the  members  of  his  police  force  are  able  to  "spot" 
the  crooks  who  are  driven  out  of  Chicago. 

The  larger  proportion  of  arrests  in  Elgin  were  for  violation  of  the 
vehicle  traffic  laws  and  for  stealing  automobiles. 

Aurora — Chief  of  Detectives  Otto  Wirz  of  Aurora  likewise  reports  a  de- 
crease in  the  crimes  committed  in  the  citj-  in   1920  as   compared  with   1919. 

He  also  states  that  the  bulk  of  arrests  were  for  violation  of  the  vehicle 
traffic  laws  and  for  stealing  automobiles.  About  seventy-five  per  cent  of 
the  cars  stolen  in  both  Elgin  and  Aurora  were  recovered. 

Sheriff  Poole  of  Kane  county,  in  which  Elgin  and  Aurora  are  located, 
states  that  aside  from  arrests  made  for  the  illicit  manufacture  and  sale  of 
intoxicating  liquor,  there  has  been  a  decrease  in  crime  in  the  county  as  a 
whole. 

Woodstock— Sheriff  Wandrack  of  McHenry  county  states  that  there  has 
been  a  decrease  in  crime  in  this  county.  The  sheriff  is  opposed  to  the 
parole  law. 

PEORIA  DISTRICT 

Peoria— Peoria  is  one  of  the  most  populous  of  the  down  state  centers. 
In  a  recent  review  of  crime  conditions  published  in  a  newspaper  of  that 
city,  is  an  extended  article  under  the  heading  "Sensationl  Crime  Wave 
Passed  Peoria  by  in  1920".  This  article  is  based  upon  the  police  reports 
and  points  out  that  while  there  have  been  a  number  of  major  crimes  com- 
mitted in  the  city  of  Peoria  during  the  past  year,  they  do  not  exceed  in 
number  nor  are  they  of  a  more  serious  character  than  have  been  perpe- 
trated during  the  preceding  years.  The  police  department  of  that  city, 
under  the  efficient  leadership  of  its  chief,  W.  W.  Rhoades,  felicitates  itself 
upon  the  fact  that  while  "Peoria  has  had  a  few  murders  and  some  robberies 
of  its  own,  the  miniature  crime  wave  felt  here  is  as  naught  compared  with 
situations   existing  elsewhere. 

Chief  of  Police  W.  W.  Rhoades  of  the  city  of  Peoria  states  that  there 
has  been  a  ver}^  marked  decrease  in  the  number  of  misdemeanors  com- 
mitted in  that  city  in  the  j'ear  1920  as  compared  with  the  year  1919.  This, 
he  says,  is  largely  due  to  the  abolition  of  the  saloon.  The  number  of 
arrests  for  drunkenness  and  disturbing  the  peace  has  greatly  lessened. 
However,  he  believes  there  has  been  a  slight  increase  in  the  number  of 
major  crimes  committed.  This  statement  is  also  verified  b)^  the  sheriff's 
office   of   Peoria   county. 

Macomb — Sheriff  E.  L.  Sapp  of  McDonough  county  reports  that  mis- 
demeanors such  as  drunkenness  and  disturbing  the  peace  are  practically 
a  thing  of  the  past  in  this  county,  including  the  city  of  Macomb.  He  fur- 
ther reports   that  crimes  of  all  kinds  are   gradualh^  decreasing. 

Bushnell — Officials  report  a  decrease  in  crime. 

LaHarpe — Officials  report  a  decrease  in  crime. 

Canton — Officials  report  a   decrease   in   crime. 

Farmington — Officials  report  a  decrease  in  crime. 

Lewistown — Officials  report   a  decrease   in  crime. 

Astoria — Officials  report  a  decrease  in  crime. 

Havana — Officials  report  a  decrease  in   crime. 

Rushville — Officials  report  a  decrease  in  crime. 

PONTIAC  DISTRICT 

Watseka — Hon.  Elmer  E.  Taylor,  who,  in  November  1920,  was  elected 
to  the  office  of  state's  attorney  of  Iroquois  county,  in  which  Watseka  is 
located,  reports  that  he  has  not  been  closely  enough  in  touch  with  the  crimi- 
nal records  of  the  county  to  give  a  detailed  statement.  However,  he  is  of 
the  opinion  that  there  has  been  no  more  crime  during  the  j^ear  1920  than 
in  former  years. 


93 


Mr.  Taylor  expressed  himself  as  being  stronglj^  in  favor  of  the  parole 
law  and  offered  to  co-operate  with  the  paroling  authorities.  He  stated  he 
will  be  glad  to  do  everything  in  his  power  to  assist  in  supervising  and 
looking  after  such   paroled  men  as  were   returned  to  his   county. 

Mr.  Homer  Brown,  former  sheriff  of  Iroquois  county  and  now  county 
treasurer,  said  there  had  been  much  less  crime  during  the  year  1920  than 
in  former  years.  He  further  stated  that  none  of  the  crime  committed  in 
his  county  was  traceable  to  the  influence  of  paroled  men  nor  were  any 
paroled  men  either  directly  or  indirectly  implicated  in  such  crimes  as  had 
been  committed. 

Mr.  Brown  has  been  deeply  interested  in  the  parole  law  and  has  per- 
sonally assisted  in  the  supervision  of  men  released  upon  parole  from  the 
Illinois  State  Penitentiary  at  Joliet,  as  well  as  from  the  Southern  Illinois 
Penitentiary  at  Chester.  From  his  personal  knowledge  he  states  that  such 
men  as  he  has  taken  an  interest  in  have  all  become  law  abiding  citizens, 
respected  in  their  community  and  have  so  lived  as  to  reflect  honor  upon 
themselves  and  upon  their  families. 

Sheriff  George  P.  Hicks  was  out  of  the  city  when  the  parole  agent 
called  upon  him.  His  office,  however,  reports  that  crime  conditions  were 
very  much  better  than  in  former  years.  Petty  gaml)ling  furnishes  about 
the  only  trouble  the  authorities  are  having. 

Bloomington — Chief  of  Police  John  J.  Jones,  of  Bloomington,  stated 
that  with  the  exception  of  a  few  cases  of  gambling  he  had  had  no  trouble 
in  that  city  to  speak  of.  There  were  several  cases  of  burglary  but  it  was 
found  that  these  were  committed  by  a  local  amateur.  Since  his  apprehen- 
sion they  have  had  no  further  trouble. 

Chief  Jones  declared  himself  as  a  friend  of  the  parole  law.  He  said 
that  none  of  the  crimes  committed  in  Bloomington  had  been  in  any  way 
connected  with  paroled  men.  He  is  of  the  opinion  that  the  parole  law 
should  be  administered  with  great  care  as  to  second  offenders.  In  most 
cases  he  thinks  they  should  not  be  paroled.  He  further  expressed  himself 
emphatically  against  political  interference  with  the  police  department, 
saying  that  in  his  opinion  much  of  the  crime  in  the  larger  cites  was  trace- 
able to  police  inefficiency,  which,  in  turn,  was  due  to  the  interference  on  the 
part  of  public  officials  higher  up. 

Hon.  Homer  Martin,  recently  elected  state's  attorney  of  McLean  county, 
said  that  so  far  as  the  county  is  concerned  he  would  have  nothing  to  present 
to  the  next  grand  jury,  unless  crimes  were  committed  between  the  date  of 
his  statement  and  the  sitting  of  that  body. 

Mr.  Martin  expressed  himself  as  deeply  interested  in  the  parole  law 
and  offered  to  co-operate  in  every  way  possible  with  the  paroling  authori- 
ties in  the  after  care  of  such  men  as  were  returned  to  his  county  from  the 
state  correctional  institutions. 

Pontiac^ — Both  Sheriff  Gorman  of  Livingston  county,  and  Chief  of 
Police  William  Thornton  of  the  city  of  Pontiac,  report  that  they  are  having 
less  trouble  and  that  less  crime  has  l)een  committed  during  the  past  year 
than  in  previous  years.  The  most  trouble  they  have  had  has  been  due  to 
the   illicit  manufacture   and   sale  of  intoxicating  liquor. 

DANVILLE   DISTRICT 

Danville — Sheriff  Charles  Knox  of  Vermilion  county  states  that  in  his 
opinion  crime  conditions  in  that  county  are  much  improved  from  what  they 
were  a  year  ago.  However,  he  adds  that  there  has  been  a  slight  increase 
during  the  last  three  months  of  the  year  1920. 

Champaign — Chief  of  Police  A.  U.  Keller  of  the  city  of  Champaign 
states  that  in  his  judgment  there  has  been  an  increase  in  crime  during  the 
year  1920  over  the  preceding  year.  He  also  states  that  this  is  true  of  the 
vicinity.     This  in'-rease  has  occurred  during  the  latter  part  of  the  year. 

Mattoon — Chief  of  Police  Johnston  states  that  in  his  opinion  crime  con- 
ditions in  the  city  of  Mattoon  and  in  Coles  county  were  no  worse  during  the 
year  1920  than  in  the  year  1919.  If  anything,  he  states,  they  are  somewhat 
improved. 


94 

Sullivan — Sheriff  Charles  Lansden  of  Moultrie  county  reports  that  there 
IS  less  crime  in  Sullivan  and  Moultrie  count}'  at  the  present  time  than  there 
has  been  for  the  past  two  or  three  years. 

Robinson — Judge  J.  C.  Eagleton,  one  of  the  judges  of  the  circuit  bench 
of  the  circuit  including  Crawford  county,  says  :  "I  am  not  only  greatly  in 
favor  of  the  parole  law  but  also  the  probation  from  the  bench.  I  have  read 
a  great  deal  in  the  Chicago  papers  concerning  the  commission  of  crimes  by 
ex-convicts.  As  a  circuit  judge  I  seldom  have  an  ex-convict  who  has  been 
paroled  before  me  and  it  is  my  experience  that  as  a  rule,  crime  is  not  being 
committed  by  men  who  have  been  paroled  from  the  penal  institutions.  I 
know  personally  of  many  men  who  have  been  reformed  under  the  parole 
law.  I  also  know  of  many  who  have  been  saved  from  penal  institutions 
through  bench  probation.  There  are  exceptions  to  all  rules  and  there  are 
doubtless  exceptions  to  the  parole  law.  It  is  probably  true,  also,  that  the 
paroling  power  may  have  been  abused  in  some  instances  when  second  and 
third  termers  have  been  released  too  soon." 

SPRINGFIELD    DISTRICT 

Springfield — Chief  of  Police  Wilbur  Morris,  of  the  city  of  Springfield, 
reports  that  crime  conditions  in  that  city  are  much  improved  over  preceding 
years. 

Sheriff  Henry  Mester  states  that  there  has  been  less  crime  committed 
in  Sangamon  county  during  the  year  1920  than  in  many  previous  years.  He 
further  states  that  this  extends  to  the  illicit  sale  of  intoxicating  liquors; 
the  sales  during  the  past  year  being  much  less  than  in  former  years  since 
the  city  of  Springfield  went  dry. 

Sheriff  Mester  is  of  the  opinion  that  the  year  1921  bids  fair  to  eclipse 
the  record  of  1920  in  reduction  of  crime.  He  bases  his  opinion  upon  the 
tendency  toward  law  observance  on  the  part  of  the  population. 

Decatur — Chief  of  Police  A.  G.  Allen,  of  Decatur,  reports  that  in  his 
opinion  there  was  less  crime  committed  during  the  year  1920  than  in  former 
years  during  his  connection  with  the  office. 

Hon.  C.  F.  Evans,  state's  attorney  of  Macon  county,  in  which  the  city 
of  Decatur  is  located,  stated  that  there  was  less  crime  during  the  year  1920 
than  in  any  previous  year  within  his  experience. 

Sheriff  Mont  Penniwell,  of  the  same  county,  reports  that  in  1920  crime 
committed  within  the  county  was  less  than  in  any  other  year  during  his 
term  of  office. 

Scott  County — Sheriff  Haskell  of  Scott  county  reports  that  there  has 
been  no  more  crime  during  the  past  year  according  to  the  records  of  his 
office,  than  during  anj'^  other  year  since  he  has  been  sheriff  of  the  county. 
State's  Attornev  Mehroff  likewise  reports  that  there  is  "no  crime  to  speak 
of". 

Morgan  County — State's  Attorney  Robinson  of  Morgan  county  reports 
for  Jacksonville  and  the  remainder  of  the  county,  that  he  doubts  if  there 
has  been  as  much  crime  during  the  past  year  as  during  the  several  previous 
years  of  his  administration  of  that  office.  This  report  is  also  borne  out  by 
Sheriff  Wcatherford.  Mr.  Weatherford  states  that  their  chief  trouble  has 
been  with  the  illicit  manufacture  and  sale  of  intoxicating  liquor. 

Jersey  County — State's  Attorney  Hamilton  of  Jersey  county  reports  that 
there  has  been  less  crime  during  the  past  year  than  in  previous  years  of 
his  administration. 

EAST   ST.   LOUIS   DISTRICT 

East  St.  Louis — St.  Clair  county  is  one  of  the  most  populous  of  the  down 
state  counties.  East  St.  Louis  is  one  of  the  largest  centers.  Its  population 
is  supported  in  a  great  measure  by  its  manufacturing  industries.  Chief  of 
Police  William  J.  Mulconnery,  who  has  made  an  enviable  record,  reports 
that  while  most  of  the  factories  are  closed  down  and  those  that  are  operating 
are  working  but  half  time,  the  crime  record  has  not  exceeded  that  of  pre- 
vious years,  except  in  the  matter  of  juvenile  offenders  which  somewhat  ex- 
ceeds former  years.     In  his   report  he   states  that  of  the  large   number  of 


95 

men  who  were  on  parole  in  the  city  of  East  St.  Louis,  none  had  been  ar- 
rested during  the  year  1920  and  up  to  the  date  of  this  report,  January  6,  1921. 

Alton — Chief  of  Police  Peter  Fitzgerald  of  Alton,  reports  that  while 
there  is  a  slight  increase  in  crime  it  is  due  largely  to  the  illicit  manufacture 
and  sale  of  intoxicating  liquor.  According  to  his  report  there  is  no  ap- 
preciable increase  in  the  major  offenses  against  the  law. 

Chief  Fitzgerald  reports  that  one  man  on  parole  was  arrested  during 
the  year.  This  parolee  violated  his  parole  by  leaving  the  state.  When  he 
returned  he  was  placed  under  arrest  and  returned  to  the  institution  at 
Chester  for  a  hearing. 

Granite  City — Chief  of  Police  Roy  B.  Clark  of  Granite  City,  Madison 
county,  reports  that  there  has  been  an  excess  of  robbery  while  armed  with 
a  dangerous  weapon  and  of  house  burglaries,  but  that  other  crime  condi- 
tions are  normal.  He  reports  further  that  the  paroled  men  in  his  city  had 
given  no  trouble  and  that  none  of  them  had  been  implicated  in  the  commis- 
sion of  crimes  during  the  year  1920  and  up  to  the  date  of  his  report,  Jan- 
uary 5,  1921.  Granite  City  is  also  largely  an  industrial  center.  It,  too,  has 
been  affected  by  the  closing  down  of  its  factories. 

MT.  VERNON   DISTRICT 

Flora — Chief  of  Police  Tatman  states  that  one  man  can  easily  handle 
the  police  work  now  when  formerly,  before  the  abolishment  of  the  saloon, 
it  required  three  men. 

He  is  heartily  in  favor  of  the  parole  law  and  states  that  though  they 
have  a  number  paroled  from  Pontiac  he  has  never  been  given  any  trouble 
by  them. 

Albion — State's  Attorney  Allen  E.  Walker  of  Edwards  county  states  that 
they  do  not  have  the  heavj'  criminal  docket  now  that  they  had  in  former 
years. 

Sheriff  Clyde  Roosevelt  bears  out  this  statement  and  says  it  is  his 
belief  that  crime  is  less  than  in  former  years. 

Murphysboro — State's  Attorney  John  H.  Searing  of  Jackson  county 
states  that  he  has  just  been  elected  and  is  not  familiar  with  the  records  of 
the  office  and  therefore  cannot  give  a  statement  as  to  whether  crime  has 
increased  or  not.  He  says  that  they  always  had  a  rather  heavy  criminal 
docket  but  it  is  not  his  belief  that  it  is  heavier  now  than  in  former  years. 

Sheriff  James  W.  Gibson  states  that  he  cannot  see  much  difference  in 
the  crime  situation  in  Jackson  county  as  compared  with   former  years. 

He  states  that  he  is  in  favor  of  the  parole  law  but  that  there  should  be 
some  restriction  placed  upon  repeated  offenders. 

Chief  of  Police  Otis  Caywood  of  Murphysboro,  states  that  the  crime 
situation  is  about  the  same  as  in  former  years  except  that  they  do  not  have 
as  many  disturbances  of  the  peace  and  murders  as  they  had  before  the 
saloons  were  abrogated. 

Mt.  Vernon — State's  Attorney  Frank  G.  Thompson  of  Jefferson  county 
states  that  the  docket  is  heavier  this  year  owing  to  the  large  number  of 
automobile  cases. 

He  expressed  himself  in  favor  of  the  parole  law  and  believes  that  it 
should  be  administered  with  restrictions  as  to  repeated  offenders. 

Chief  of  Police  George  Taylor  of  Mt.  Vernon  states  that  crime  seems 
to  be  on  the  increase  ;  that  the  criminals  of  larger  centers  have  been  driven 
into  the  smaller  towns;  that  some  of  the  crooks  of  the  larger  cities  have 
paid  Mt.  Vernon  a  visit  while  passing  through. 

Note  :  The  statement  of  Chief  Taylor  is  probably  influenced  by  the 
mail  robbery  which  occurred  just  before  the  report  was  made.  Later,  local 
men  were  apprehended  for  it  and  charged  with  this  robbery. 

Lawrenceville — State's  Attorney  O.  W.  Longnecker  of  Lawrence  county 
states  that  they  have  had  more  petty  crimes  during  the  year  1920  than  in 
former  years  but  that  these  crimes  have  not  been  committed  by  ex-convicts. 

He  expresses  himself  as  favoring  the  parole  law,  believing  that  care 
should  be  taken  however,  in  paroling  second  and  third  termers. 


96 

The  sheriff  of  Lawrence  county,  W.  H.  Stivers,  states  that  crime  is 
diminishing  and  that  the  criminal  docket  is  not  as  large  as  in  former  years. 

Chief  of  Police  C.  D.  Staltz  of  Lawrenceville  reports  that  there  was 
less  crime  in  1920  than  in  former  years. 

Mr.  Staltz  states  that  he  is  heartily  in  favor  of  the  parole  law  and  that 
he  knows  more  than  one  man  who  has  made  good  and  has  been  reclaimed. 

Centralia — Chief  of  Police  Irvin  Kaelen  of  Centralia  states  that  while 
they  have  had  trouble  during  the  year  1920,  most  of  the  cases  were  minor 
offenses  such  as  petty  larceny  and  breaking  and  entering  box  cars,  and 
that  the  docket  is  not  nearly  as  heavy  as  in  former  years  when  the  saloons 
were  running. 

Salem — Chief  of  Police  Mat  Branson  of  Salem  states  that  he  is  having 
no  trouble  with  criminals  and  that  he  hardly  ever  makes  an  arrest. 

State's  Attorney  Charles  F.  Dew  of  Marion  county,  in  which  Centralia 
and  Salem  are  located,  has  newly  been  elected  to  office.  He  says  he  does 
not  think  the  criminal  docket  is  any  heavier  than  in  former  years. 

Mr.  Dew  expresses  himself  as  favoring  the  parole  law  with  restrictions 
as  to  second  and  third  termers. 

Waterloo — The  Chief  of  Police  of  Waterloo  states  that  he  hardly  ever 
makes  an  arrest. 

State's  Attorney  Roy  E.  Gauen  states  that  the  criminal  docket  of 
Monroe  county  was  much  smaller  in  1920  than  in  former  years  when  the 
saloons  were  in  operation. 

The  sheriff  of  Monroe  county,  Earnest  W.  Loehr,  says  that  they  have 
no  crime  wave  locally  and  that  the  criminal  docket  is  no  heavier  now  than 
in  former  years.  The  crime  wave  that  seems  to  have  swept  the  country  is 
due  to  unsettled  conditions,  in  his  opinion,  brought  about  by  the  world  war. 

He  says  that  he  is  in  favor  of  the  parole  law  but  that  it  may  be  "over- 
worked" in  some  cases. 

DuQuoin — Chief  of  Police  Antone  Huelsman  of  DuQuoin,  in  Perry 
county,  states  that  there  vv-as  not  as  much  crime  in  1920  as  in  former  years 
when  the  saloons  were  in  operation. 

State's  Attorney  Judson  E.  Harris  has  been  newly  elected  in  Perry 
county,  but  states  that  the  criminal  docket  does  not  seem  to  be  any  heavier 
than  in  former  years. 

He  favors  the  parole  law  administered  with  some  restrictions  as  to 
hardened  criminals. 

Sheriff  Thomas  H.  Thimming  verifies  the  statement  of  the  state's 
attorney.     He  thinks  however,  that  there  is  some  decrease  in  crime. 

He  expresses  himself  as  in  favor  of  the  parole  law. 

Pinckneyville — Chief  of  Police  John  W.  Keene  of  Pinckneyville,  in  Perry 
county,  states  that  he  seldom  has  an  occasion  to  make  an  arrest  now,  but 
that  when  the  saloons  were  running  he  was  kept  busy. 

Chester — State's  Attorney  L.  F.  Hachman  of  Randolph  county  states  that 
there  seems  to  be  little  change  in  the  criminal  docket  as  compared  with 
former  years. 

Sheriff  James  H.  McGuire  verifies  the  statement  of  the  state's  attorney. 

Fairfield — State's  Attorney  Roscoe  Forth  of  Wayne  county  states  that 
the  crime  wave  that  seems  to  be  raging  through  the  country  has  not  affected 
his  county;   that  in  fact  the  number  of  crimes  committed  has  decreased. 

Sheriff  George  H.  Anderson  states  that  crime  is  on  the  decline  in 
Wayne  county.  However,  he  reports  that  there  has  been  a  considerable 
number  of  automobiles  stolen.  Both  State's  Attorney  Forth  and  Sheriff 
Anderson  express  themselves  as  in  favor  of  the  parole  law  but  that  the  ad- 
ministration should  be  restricted  as  to  second  and  third  termers. 

Mt.  Carmel — Chief  of  Police  James  Bunn  states  that  they  have  had  some 
crimes  committed  during  the  past  two  j^ears  in  the  way  of  box  car  robbery 
and  that  they  have  also  had  a  murder  or  two.  He  states  that  none  of  these 
crimes  were  committed  by  ex-convicts  or  by  men  on  parole.  He  further 
states  that  they  have  several  on  parole  there  who  are  all  making  good. 

State's  Attorney  Ben  H.  Townsend  states  while  the  criminal  docket 
seems  to  be  on  the  increase  during  the  year  1920,  owing  to  several  serious 


97 

crimes  committed  in  the  county,  the  crimes  were   due  to  local   conditions. 

He  states  that  they  have  several  parolees  there  and  that  they  are  all 
doing  well;  that  the  parole  law  is  a  fine  thing  and  that  he  is  in  favor  of  it. 
He  states  however,  that  there  should  he  some  restrictions  as  to  hardened 
criminals. 

Sheriff  John  S.  Rigg  states  that  crime  is  on  the  increase  and  that  he 
doesn't  like  the  parole  law — it  is  too  easy  for  most  of  the  young  criminals. 

OIney — State's  Attorney  S.  C.  Lewis  of  Richland  county  states  that  the 
crime  wave  has  not  struck  that  county  as  yet;  that  they  do  not  have  many 
criminal  cases  ;  that  while  they  have  some  petty  larceny  cases  they  are  not 
as  numerous  as  in  former  j-ears. 

Sheriff  Frank  Craig  of  Richland  county  verifies  the  statement  of  the 
state's  attorney.  He  states  that  he  is  in  favor  of  the  parole  law  and  that 
the  only  trouble  they  have  in  his  county  is  from  bench  probation.  He 
further  says  that  they  seldom  send  anyone  to  the  penitentiary  from  this 
county. 

Nashville — State's  Attorney  H.  H.  House  states  that  they  had  about  as 
much  crime  in  1920  as  in  former  years — probably  a  little  more — but  it  is  not 
the  fault  of  the  parole  law,  and  the  crimes  are  not  all  being  committed  by 
ex-convicts. 

He  believes  the  parole  law  is  a  good  law  and  offers  men  who  want  to 
go  straight,  an  opportunity  to  do  so. 

Sheriff  Henry  Klosterhoff  states  that  the  criminal  docket  in  1920  was 
just  about  as  it  was  in  former  years. 

He  expresses  himself  in  favor  of  the  parole  law  but  is  not  in  favor  of 
the  parole  of  the  second  and  third  termer. 

Carmi— Sheriff  Charles  D.  Gibbs  of  White  county  states  that  tliere  has 
been  fewer  arrests  during  the  year  1920  than  ever  before. 

Louisville — State's  Attorney  Tolliver  of  Clay  county  states  that  they 
have  a  very  light  criminal  docket  in  Clay  county.  He  further  states  that  he 
has  no  objection  to  the  parole  law  or  its  administration.  He  thinks  if  it  is 
properly  administered   it   is   a  good  law. 

Chief  of  Police  Earl  Landreth  of  Louisville  states  that  they  do  not  have 
as  many  crimes  now  as  in  former  years  owing  to  the  fact  that  the  saloon 
has  been  abolished. 

McLEANSBORO    DISTRICT 

West  Frankfort — Chief  of  Police  C.  K.  Spires  of  West  Frankfort,  in 
Franklin  counti\  reports  that  there  is  less  crime  in  that  city  and  fewer 
arrests  made  than  in  previous  years.  Franklin  county  is  one  of  the  largest 
coal  producing  counties  in  the  state  of  Illinois.  Coal  mining  is  its  chief 
industry.  Its  population  is  made  up  largely  of  foreign  elements  and  colored 
people  who  are  engaged  in  or  about  the  mines.  West  Frankfort  is  located 
in  the  southern  portion  of  the  county  not  far  from  the  line  of  Williamson 
county.  Williamson  county  is  also  a  large  coal  producing  territory  and  is 
populated  by  practically  the  same  elements  that  constitute  the  population 
of  Franklin  county. 

More  men  are  serving  their  parole  in  these  two  counties  than  in  any 
other  part  of  the  state  south  of  St.  Clair  county.  The  report  states  that 
during  the  past  year  there  have  been  but  three  parole  violations  in  these 
two  counties.  Two  of  these  parolees  violated  their  parole  by  leaving  their 
place  of  employment  and  the  county  in  which  they  were  paroled.  The 
third  was  returned  to  the  Southern  Illinois  Penitentiary  for  violation  of 
his  parole  agreement. 

Marion— Sheriff  Melvin  Thaxton  of  Williamson  county  says  that  they 
have  had  fewer  arrests  during  the  year  1920  than  for  a  number  of  years 
past.  There  has  not  been  a  paroled  man  in  the  Williamson  county  jail 
for  a  year. 

State's  Attorney  Flos  E.  Duty  says  :  "I  was  assistant  state's  attorney 
for  several  years  and  am  now  state's  attorney.  I  have  been  watching  the 
parole  system  and  from  my  observations  I  believe  it  to  be  a  good  law  and 
that  the  administration  of  it  has  been  a  success.    During  the  past  two  years 


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I  have  given  particular  attention  to  parole  matters  and  I  am  ready  and  will- 
ing to  co-operate  with  the  paroling  authorities  in  any  way  I  can  to  assist 
them  in  caring  for  the  parolees." 

Harrisburg — Sheriff  John  Cummins  of  Saline  county  says  that  they 
have  had  fewer  arrests  in  that  county  in  the  year  1920  than  for  many 
years  past. 

He  further  states  that  the  paroled  men  are  giving  them  no  trouble. 

Cairo — Chief  of  Police  Leslie  L.  Wilboum  of  Cairo  in  Alexander  county, 
states  that  there  has  been  no  decided  increase  in  arrests  for  the  year  1920. 
He  adds  that  there  would  have  been  fewer  had  it  not  been  for  the  drive 
that  has  been  made  in  the  larger  cities  against  criminals.  This  has  forced 
them  to  leave  the  larger  towns  and  they  have  paid  Cairo  a  visit  in  passing 
through. 

He  further  states  that  they  have  had  no  trouble  from  men  on  parole. 


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